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Civil Term - Part Rules, Part 15, Courtroom 41


Justice Janice A. Taylor
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1194
Courtroom Ph: (718) 298-1110

Absent exigent circumstances, telephone calls will be entertained by chambers only on Mondays or Fridays from 10:00 am until 1:00 pm and 2:00 pm until 4:00 pm. No calls concerning pending matters will be entertained without all attorneys and Pro-Se litigants on a conference call with chambers, other than for scheduling purposes. Letters which require action, or which have not been copied to all parties or their attorneys, if they have one, will not be entertained. Litigants should refrain from contacting chambers by fax without express permission of the Court.

Preliminary Conference | Orders to Show Cause | Temporary Restraining Orders | Motion Procedures | Withdrawls of Motions, Settlements and Discontinuances

 

Preliminary Conference

A Preliminary Conference will only take place:

(1) after written Request for a Preliminary Conference is filed with the Clerk's Office (Room 140) in compliance with Uniform Rules §202.12(a) (or an appropriate notice is filed in malpractice, or certiorari case pursuant to Uniform Rules §202.56, §202.16 and §202.60), or

(2) upon a specific directive by Justice JANICE A. TAYLOR. Preliminary conferences in Justice Taylor's cases will be held on Tuesdays before a court appointed referee in the P.C. Part. Litigants should refer to the rules of the Preliminary Conference Part for further direction.

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Orders to Show Cause

Applicants seeking judicial review, signature and fixing of a return date of Orders to Show Cause must comply with Uniform Rule 202.7(d).

The submitted Order to Show Cause must contain a correct fax number on the moving papers. Following review and signature, or denial, by the Justice, of any Orders to Show Cause not submitted as Emergency applications, a notice as to the status of the application will be faxed to the applicant or movant. Orders to Show Cause submitted as an Emergency may only be presented by an attorney or by a Pro-Se litigant. A personal appearance is required for all Orders to Show Cause submitted as an Emergency. Reply affirmations or affidavits will only be permitted at the discretion of the Court.

Proof of service, as directed by the Court, of the Order to Show Cause must be presented at the calendar call on the return date of the application. In the case of an Order to Show Cause presented in an electronically signed action, a working copy of the proof of service is to be presented at the calendar call.

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Temporary Restraining Orders

Except as hereinafter provided, when an Order to Show Cause presented for signature makes a provision for a temporary stay or other interim relief pending determination of the motion, the party seeking such relief must give notice of at least one business day, said notice consisting of at least 24 hours, to his or her adversary of the date and time when, and the location where, the order to show cause will be presented and the relief being requested. To the extent practicable, that notice must be accompanied by a copy of the papers the party seeking relief intends to present to the court for filing. If notice has been given, the Order to Show Cause must be accompanied by an affidavit or affirmation stating the time, place, by whom given, the manner of such notification, including the manner in which the proposed filing was served, and, to the extent known, the position taken by the opposing party. If notice has not been given, and/or a copy of the papers the party seeking relief intends to present to the court for filing has not been served, the affidavit or affirmation shall state whether the applicant has made an attempt to give notice and/or make such service and the reasons for the lack of success. If the applicant is unwilling to give notice and/or to make the required service, the affidavit or affirmation shall state the reasons for such unwillingness.

If notice is given by telephone, the telephone number must be included in the above-referenced affidavit or affirmation submitted by the party seeking interim relief. If notice is given by fax, confirmation of the fax must be provided. Notification by e-mail will not be permitted.

An Order to Show Cause providing for a temporary stay must be personally presented for signature by the party's attorney or by the party if such party is proceeding Pro-Se. Where the adversary has appeared for presentation of the application, the party seeking relief and/or the party opposing the relief sought may request the opportunity to present argument to Court. Such request shall be determined in the sole discretion of the Court.

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Motion Procedures

Justice Taylor's regular motion day is TUESDAY. The first call of the calendar is at 9:30 A.M. The second call is at 10:30 A.M.

All motions shall be made returnable in Part 15, Courtroom 41 on the aforementioned day and time of the week and be subject to the procedures stated below.
Moving papers, with an affidavit of good faith where required by Uniform Rule 202.7, shall be filed in the IAS Motion Support Office (Room 140) at least five business days prior to the scheduled return date in order to be placed on the Part motion calendar for the noticed day. Do not send, hand-deliver, mail or overnight moving papers to chambers. Motions may be withdrawn, without prejudice, by the moving party, with or without consent, at any time.
Answering papers will be accepted only during the two calendar calls on the return date in Courtroom 41. Do not mail or forward opposition, answering or responsive papers to Chambers. "Supplemental" affirmations,"further" affirmations, "sur-reply" affirmations and "amended" applications will not be accepted or considered. Cross-motions must be timely filed pursuant to the C.P.L.R. along with proof of payment of the statutory motion fee in order to be accepted and considered. Cross-motions will be considered responsive in nature. Motions marked "final" will be taken on submission on the "final" return date with all papers which have been received by that date, without further adjournment. No papers will be accepted by chambers or considered by the Court after the motion is marked "submitted" at the calendar call.

On the return date, the motion(s) will be submitted, adjourned (see below), or conferenced by the Justice, or her designee, or otherwise treated pursuant to the discretion of the Justice. (Ruling on applications will also be made at this time.) Courtesy copies of moving and answering papers, other than working copies of papers in electronically filed actions, need not be provided.

On the return date, a briefing schedule may be issued with dates for responsive papers if an adjournment is requested. In the event that such a schedule is issued, all parties must comply with the schedule. The failure to serve responsive papers in accordance with the briefing schedule shall result in the rejection of those papers on the adjournment date.

All motion papers, including working copies of motions in electronically filed actions, shall have numbered pages and be securely fastened and shall have protruding exhibit tabs and all exhibits annexed thereto shall be preceded by a numbered protruding tab.

All motion papers, cross-motions, responsive papers and exhibits must be printed on only one side of the page. Motion papers, cross-motions and responsive papers may not exceed twenty (20) pages, not inclusive of exhibits. Finally, all submitted motion papers, cross-motions and responsive papers must comply with 22 NYCRR §§202.5, 202.5-a, 202.5-b. , 202.5-bb, to the extent applicable, except where otherwise directed by these Rules.


Resolution of Motions:


In any case where a motion is “marked-off” for non-compliance with these Part Rules, a new motion for the original relief sought may be filed. A motion to restore, renew or reargue is not required.

Copies of motions, applications, decisions or orders will not be sent to counsel or Pro-Se litigants unless deemed necessary by this Court. Decisions or orders can be retrieved online or at the Queens County Clerk’s office located in the Jamaica courthouse, Room 106.


Discovery-Related Motions


(All motions related to discovery, including, but not limited to, motions to compel discovery [C.P.L.R. §3124], punish for failure to disclose [C.P.L.R. §3126], strike actions from the calendar for want of discovery or for a protective order [C.P.L.R. §3103])

A mandatory appearance on discovery-related motions is required by all parties knowledgeable about the case and fully authorized to settle or enter into binding stipulations. Discovery-related motions will be marked off for no appearance by the movant, and responsive papers stricken for lack of appearance by the opposing party. Answering papers will not be accepted from calendar service in lieu of a personal appearance by all counsel. The Court strongly encourages parties to resolve discovery-related motions by stipulation, which will then be "so-ordered" by the Court if the terms are acceptable to the Court. Unresolved discovery-related motions will be conferenced by the Justice, or her designee, at the completion of the second call of the calendar.

 

Motions to Renew, Reargue or Vacate a Prior Order


Motions seeking reconsideration of a prior order must contain a copy of the Court’s original decision and copies of all papers submitted in support, and in opposition to, the original motion.



Appearances and Adjournments


All other motions, other than discovery-relation motions (see above), will be SUBMITTED for determination, and appearance by counsel or a Pro-se litigant is not required. Service will be permitted to answer the calendar on all non-discovery related motions solely for the purpose of submitting papers. Oral argument will be entertained in extraordinary circumstances, at the discretion of the Justice. Requests for oral argument must be made by stating "Oral Argument Requested" in bold caps above the words "Notice of Motion" in the moving papers or above the words “Affirmation in Opposition” in responsive papers.

Consent adjournments will be upon submission of a stipulation, dated, and personally signed by the attorneys for all parties (print attorney's name below signature). The stipulation should state that the matter is being adjourned "to a date convenient to the Court", and faxed to chambers (718) 298-1128 no later than 5:00 P.M. on the day prior to the return date. The Court will choose the adjourned date for all adjournments, and cannot honor dates chosen by the parties due to scheduling constraints. If the adjournment is not on consent, it must be on application to the Court on the return date - NO ADJOURNMENTS, NOT ON CONSENT, SHALL BE PERMITTED ON ANY MOTION IN AN ACTION UNLESS DIRECTED BY THE JUSTICE AFTER PERSONAL APPEARANCE AND APPLICATION MADE BY COUNSEL.

Except for motions for summary judgment, in no event shall more than TWO (2) adjournments be granted on motions. Motions for summary judgment shall be allowed no more than THREE (3) adjournments to allow all necessary moving papers, cross-motions, opposition papers and replies to be submitted.

The Court requests that members of the bar make every effort to provide their co-counsel and adversaries with advance notice of all applications.



Electronically Filed actions:

On any application in an electronically filed action, a working copy must be submitted at the call of the calendar. However, no responsive working copies will be accepted if working copies of moving papers have not yet been submitted. Each working copy MUST include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such documents. Failure to present the required working copy at the calendar call on the initial motion date WILL result in the matter being marked off the calendar. A party that has opted out of participation in electronically filed actions will file documents in hard copy which will include, on a separate page firmly affixed
thereto, the “NOTICE OF HARD COPY SUBMISSION–E-FILED CASE” form, which
can be found on the NYSCEF site at https://iapps.courts.state.ny.us/nyscef.

Stays:


The parties shall notify the Court immediately, in writing, of any stays imposed, other than stays enacted by the signing of a TRO issued by this Justice. Said notification of a stay should include documentary evidence of the enactment of said stay.

The parties shall immediately notify the Court, in writing, of the lifting of any stay, other than stays enacted by the signing of a TRO issued by this Justice. Said notification of the lifting of a stay should include documentary evidence that the stay has been lifted.

 

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Withdrawls of Motions, Settlements and Discontinuances

The movant shall notify the Court immediately, in writing, of the withdrawal of any pending motion or application.
The parties shall notify the Court immediately of the withdrawal of any pending motion or application in the event a matter is settled or discontinued.



Trials:


All counsel must submit to the Court, prior to the commencement of trial, copies of the marked pleadings, the bill of particulars and any orders which resulted from previously decided motions made pursuant to CPLR §3211 or CPLR §3212.

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