Court Notes Revised Date: 11/12/09

Model Guardianship Parts
Court Appearances & Decisions
Motion Support
Submission of Proposed Orders and Judgments With Motions on Notice
Conforming of Orders and Judgments in Non-Matrimonial Actions
Matrimonial Support
Matrimonial Practice
Ex-Parte
Foreclosure Actions
Interpreters Service
Mental Health Part
Trial Term
Preliminary Conference Procedures

To contact a Justice of the Supreme Court for an emergency application after regular business hours, please call the following number:

800 430-8457

or E-mail the following address:

emergency@nycourts.gov

The duty staff will forward the request to the Administrative Judge or designated back up

Holiday Schedule-2009

The Civil Term I.A.S. Parts of this Court will not be in operation during the holiday recess period, which will commence at the close of business on Thursday, December 24, 2009 and end when court sessions resume on Monday, January 4, 2010.

Motion calendars will not be heard during this holiday recess period. Any post RJI motion/petition on a non-Matrimonial or non-Article 81 proceeding properly returnable during this period will be administratively rescheduled as follows:
For Justices who hear motions on Tuesdays, any post RJI motion/petition will be administratively rescheduled to Tuesday, January 5, 2010.
For Justices who hear motions on Wednesdays, any post RJI motion/petition will be administratively rescheduled to Wednesday, January 6, 2010.
For Justices who hear motions on Thursdays, any post RJI motion/petition will be administratively rescheduled to Thursday, January 7, 2010.

Any motion/petition filed with an RJI and returnable the week of December 21, 2009, will be administratively rescheduled to either Tuesday, January 5, 2010, Wednesday, January 6, 2010 or Thursday, January 7, 2010.

Counsel can utilize the court’s website to ascertain the rescheduled motion day at http://iapps.courts.state.ny.us/webcivil/FCASMain

In all situations requiring emergency relief, application shall be made in the Ex-Parte Office in Room #140. The emergency application shall then be presented to an available Justice for immediate consideration.

Court Appearances & Decisions

Attorneys are encouraged to use:

Webcivil Supreme

Motion Support

Any post RJI motion noticed for a day other than the assigned Justices’ motion day, or noticed to heard at an incorrect location, will be administratively re-scheduled. The movant shall be responsible for notifying all parties of the re-scheduled day. Counsel are encouraged to utilize the court’s website to view the Judge’s part rules at the following link:

http://www.nycourts.gov/courts/11jd/supreme/civil_partrules.shtml

and to ascertain the re-scheduled motion day at the following link:

http://iapps.courts.state.ny.us/webcivil/FCASMain

A list of frequently asked questions is available at the following link:

http://www.nycourts.gov/courts/11jd/supreme/civil_msofaq.shtml

RJI Motions and Petitions

A Motion/Petition in actions wherein a Justice has not been assigned and in which an RJI is filed, please check the Law Journal on the day following the date for which the motion/petition is noticed. The name of the Justice assigned and the date the motion/petition will appear on that Justice's calendar will be listed. All such unassigned applications must be filed a minimum of nine business days prior to the applications return date.

Except in Foreclosure, Real Property and Special Proceedings, any Request for Judicial Intervention shall be deemed to include a request for preliminary conference and shall be processed as such. Any discovery related motion accompanying the Request for Judicial Intervention will not be processed, but may be re filed, if necessary, after the preliminary conference. (See 22NYCRR 202.8(f), 202.12(a) and 202.19)

All motions in Post-Note matters shall be made returnable before the I.A.S. Justice assigned; however, one month prior to the Trial Scheduling Part appearance (not Pretrial Conference appearance) motions shall be made returnable before the Trial Scheduling Justice on a Tuesday

Post RJI Motions and Petitions

A Motion/Petition on notice in assigned cases must be made returnable before the appropriate Justice on their assigned motion day. Applications on notice in assigned cases must be filed a minimum of five business days prior to the return date.

Where an action has been dismissed pursuant to CPLR3216 for failure to file a Note of issue as directed by the Court, no motions will be accepted or calendared other than a motion to vacate that dismissal.

Responsive Papers

Motion Support does not process or forward responsive papers including cross motions. Counsel are advised to follow the assigned Judge’s rules regarding their submission.

Memorandum Decision

Memorandum decisions are filed with the county clerk awaiting submission of a proposed order or judgment to the Motion Support Office. Counsel are advised to adhere to NYCRR 202.48 regarding the submission or settlement of their proposed order or judgment. Counsel are also asked to attach a copy of the memorandum to their proposed order or judgment..

Submission of Proposed Orders and Judgments
With Motions on Notice

Counsel are advised when submitting proposed orders or judgments with motions on notice, to keep proposed orders or proposed judgments separate and apart from the motions papers. Proposed orders or judgments incorporated within the motion papers will be considered exhibits and treated as such.

Conforming of Orders and Judgments

Court personnel are not authorized to conform copies of orders or judgments. The accuracy of conformed copies rests with counsel. Certified copies may be obtained at the Court Clerk's office for a fee.

Matrimonial Support

Telephone inquiries regarding decisions on motions will no longer be accepted. This information, as in the past, will be published in the New York Law Journal. Counsel may appear personally and obtain the pertinent information required from the computer terminals made available to the public for that purpose. Any Request to expedite the signing of an uncontested Judgment of Divorce must be done by Notice of Motion filed and made returnable in accordance with matrimonial motion rules.

Matrimonial Practice

Frequently Asked Questions

Matrimonial Office Requirements For Filing Uncontested Divorce Papers

All matrimonial motions must be made returnable for a Monday. Motions must be filed with the matrimonial office at least 5 working days before the return date.
Effective immediately, the filing of all post-judgment matrimonial motions and orders to show cause must include:
(a) copy of the judgment;
(b) calendar number of the said matrimonial action;
(c) date of the note of issue.
Additionally, all applications for writs of habeas corpus must indicate, below the present index number, the index number of any previously assigned action and the assigned judge, or state that no other matrimonial actions have been filed.

*Notice*

All orders to show cause containing an application for the issuance of an Order of Protection will be treated as an emergency and emergency procedures must be followed. The court is required to conduct a hearing before issuance of an order of protection, and the applying party and their attorney, if any, must be present.

Income Deduction Orders Laws of 1994,
Ch. 170 Sec.358-362, 364-366 Section 5242 CPLR

In all Child Support matters, a competent income deduction order must be submitted unless a written alternative agreement is provided.

In accordance with the Family Protection and Domestic violence intervention Act of 1994, an automated statewide registry will be operative effective October 1, 1995. The legislation requires that the registry contain information involving orders of protection and warrants issued statewide in connection with criminal, Family Court and matrimonial cases involving family violence. Effective October 1, 1995, all requests for an order of protection must be submitted with a completed Family Protection Registry information sheet. These forms are available in the matrimonial office, Room 140 in Jamaica

Ex-Parte

Effective immediately all parties filing "Emergency" Ex-Parte applications must do so in person and must wait in Room 140 while the application is reviewed, processed and returned from Chambers. The application must be accompanied by an "Emergency Affidavit." which does not pray for the underlying relief requested but rather addresses:

1) why the application must be entertained forthwith, and
2) why the application could not have been brought to the court's attention earlier

Requests for Emergency processing will not be entertained unless submitted in person by the requesting attorney.

Foreclosure Actions

The Residential Foreclosure Part shall sit on Wednesdays and Thursdays in Courtroom 42A. Conferences shall be conducted when all sides are present, with check-in to commence at 9:30 a.m. with the part clerk.

Counsel are advised not to make unnecessary motions on notice in foreclosure actions. Where defendants have not answered or have appeared and waived notice, applications should be made Ex-Parte.

Any application involving a foreclosure must contain a separate statement from the moving party affixed to the front of the application that the action does or does not fit the criteria for inclusion in the residential foreclosure program.

In addition, effective May 1, 2009, any application submitted to the Court involving a foreclosure action where a mandatory settlement conference was held pursuant to CPLR 3408 must also contain a copy of the Residential Foreclosure Conference Order affixed to the front of the application

Interpreters Service

Counsel are advised that all requests for interpreters for civil term matters must be made in Room 5005 at least 24 hours prior to their required service.

Mental Health Part

Supreme Court Mental Health hearings will be conducted every Tuesday at Building No. 70, on the Third Floor at 9:30 a.m. At the Creedmoor Psychiatric Center located at 80-45 Winchester Blvd., Queens Village, N. Y. Judges will be assigned on a term basis.

Trial Term

General Preference Papers will not be required to be filed in order to place a matter on the Trial Calendar. Henceforth, only the following must be filed with the Trial Term Office:
(a) 3 copies of Note of Issue with Statement of Readiness,
(b) 2 copies of an RJI (or proof of previous purchase of same),
(c) Proof of purchase of an Index Number,
(d) Copies of any order for joint trial, consolidation, restoration, and/or change of venue.

Note: For Age Preference 70+,Submit the Above Papers. On Note of Issue Indicate Plaintiff's Age.

All cases previously called on the court Clerks calendar and marked "active" which have not been noticed for trial within one year of the marking will be marked "inactive". Upon filing a Note of Issue, the case will be designated as "active."

Preliminary Conference Procedures

A preliminary conference Shall be held within 45 days of the RJI date. The date of the Preliminary Conference shall appear in the New York Law Journal within one (1) to three (3) weeks of the RJI. Please look for the preliminary conference date in New York Law Journal after Filing an RJI.

Prelimanary Conference Days and Times

Attorneys are also encouraged to use the following link to view future appearances and decisions online:

WebCivil Supreme

*Court calendars for Queens County should be viewed by the court part.

Notes:

1) All Preliminary Conferences scheduled in actions against the City of New York are conducted on Tuesdays in the Supreme Court Building, 88-11 Sutphin Boulevard, Jamaica, NY in Room 24A, Before J.H.O. Allan Beldock as Follows:

a. For cases assigned to I.A.S. Part-9 (Justice Flug), Preliminary Conferences will be held at 9:30 a.m.

b. For Cases assigned to I.A.S. Part-10 (Justice Kerrigan), Preliminary Conferences will be held at 11:30 a.m.

2) Preliminary Conferences for cases involving the New York City Transit Authority (but not the City of New York) are conducted on Monday mornings, at 9:30, in the Supreme Court Building, 88-11 Sutphin Blvd., in room #314, before J.H.O. Beldock