News & Announcements
FORMAL ANNOUNCEMENTS
AND INFORMAL NOTICES
OF INTEREST
EXPANSION OF MANDATORY E-FILING - - EFFECTIVE FEB. 19, 2013 (UPDATED NOTICE)
Pursuant to Administrative Order dated February 19, 2013 and effective the same date, in accordance with legislation in 2012 (L. 2012, c. 184), electronic filing through the New York State Courts Electronic Filing System (“NYSCEF”) has been expanded in Supreme Court, Civil Branch, New York County. E-filing is mandatory in all cases commenced in the court on and after February 19, 2013 (except for Art. 78, election law, matrimonial, and Mental Hygiene Law matters). All such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must also serve on the defendant/respondent a Notice of Commencement of Action Subject to Mandatory Electronic Filing (form available on the NYSCEF website (www.nycourts.gov/efile)). Subsequent documents must be e-filed as well.
Court fees are paid to the County Clerk by credit or bank card (Mastercard, Visa, or American Express) through NYSCEF. There are, however, no separate charges to use NYSCEF, file documents with it, serve documents through it, or print out hard copies from it.
Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as those regarding proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website (on the “E-Filing” page at www.nycourts.gov/supctmanh). Counsel are urged to familiarize themselves with the Rule and the Protocol.
A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.
Live training is also available for attorneys and support staff who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attorneys at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Advance registration is required. For further information about training and to register for the course, go to the Training Resources tab on the NYSCEF website.
For additional information about e-filing in New York County, see the NYSCEF website or contact the New York County E-Filing Department, which can be reached at 646-386-3610 or newyorkefile@nycourts.gov.
Please note this important reminder: The following nine Justices do not require submission of working copies of motion papers except when specifically requested by the Justice in regard to a particular motion: Freed, J. (Pt. 5), Lobis, J. (Pt. 6), Jaffe, J. (Pt. 12), Rakower, J. (Pt. 15), Scarpulla, J. (Pt. 19), Edmead, J. (Pt. 35), Engoron, J. (Pt. 37), Chan, J. (Pt. 52), and Wright, J. (Pt. 62). Other Justices participating in the e-filing program, however, require that working copies of papers on all motions be submitted, as explained in the Protocol. It is imperative that such copies be submitted in these working copy Parts and with regard to all motions assigned to such Parts that are returnable in the Motion Support Office Courtroom (Room 130). Failure to submit working copies will delay the processing of motions and interfere with orderly procedures in the court. If any required working copy is missing on a motion returnable in Room 130, the motion will be placed on the three-day calendar to await submission of the working copy. If the copy is still not submitted, the motion file will be transmitted to the Justice assigned for such action as the Justice deems appropriate.
Attorneys who wish to follow developments (e.g., scheduling of a conference or argument, adjournment of a motion) in cases pending in the Supreme Court, Civil Branch, New York County are reminded to register their cases with the court system's case tracking program, e-Track, which issues an e-mail notification whenever a court clerk records a development in a registered case in the court's case history database. There is no charge for the e-Track service. To sign up, please go to the following address:
http://iapps.courts.state.ny.us/webcivil/etrackLogin
Notifications of various developments and scheduling in pending cases are no longer sent by the court by regular mail.
Feb. 6, 2013 - Revised Feb. 20, 2013
EXPECTED START DATE FEB. 19, 2013JUDICIAL ASSIGNMENTS AND REASSIGNMENTS
A number of judicial assignments and reassignments have taken place effective January 2, 2013. They are as follows.
Part 12, formerly assigned to Justice Paul Feinman, has been reassigned to Justice Barbara Jaffe, previously assigned to City Part 5. The telephone number of Part 12 remains unchanged at 646-386-3273. The courtroom for Part 12 has been changed to Room 279 at 80 Centre Street.
City Part 5 has been reassigned to Justice Kathryn E. Freed. The telephone number for Part 5 remains unchanged at 646-386-3374. The courtroom for the Part remains Room 280 at 80 Centre Street.
Justice Arthur F. Engoron, previously assigned to City Part 52, has been assigned to General Assignment Part 37, a new Part. This Part is located in Room 328 at 80 Centre Street (phone: 646-386-3222). Various trial-ready non-jury cases have been reassigned from other Parts to this Part.
City Part 52 has been reassigned to Justice Margaret A. Chan. The courtroom for Part 52 is Room 289 at 80 Centre Street and the phone number remains 646-386-3742.
The Motor Vehicle Part (Part 22), previously assigned to Justice George J. Silver, has been reassigned to Justice Arlene Bluth. The courtroom for Part 22 remains unchanged at Room 136 at 80 Centre Street and the phone number continues to be 646-386-3271.
General Assignment Part 10, formerly assigned to Justice Judith Gische, has been reassigned to Justice Silver. The telephone number of Part 10 remains unchanged at 646-386-3722. The courtroom for Part 10 has been changed to Room 422 at 60 Centre Street.
Justice Silver shall, in addition, continue to preside over the Administrative Coordinating Part, Parts 40 and 40 City. The courtroom and telephone number for these Parts have been changed to Room 422 at 60 Centre at 646-386-3722.
All commercial, contract and tort actions filed in this court on or after Feb. 27, 2012 must be e-filed irrespective of the amount in controversy. It is anticipated that the Chief Administrative Judge will shortly issue an Administrative Order that will thereafter require e-filing in all new cases commenced in this county (except for matrimonial, Art.78, election law, and Mental Hygiene Law matters).
Parts 5, 10, 12, 22, 37 and 52, as well as City Part 62, are e-filing Parts. In the following Parts, working copies of documents in e-filed cases should not be submitted unless the court requests them in a specific case:
Part 5 (Freed, J.)
Part 6 (Lobis, J.)
Part 12 (Jaffe, J.)
Part 15 (Rakower, J.)
Part 19 (Scarpulla, J.)
Part 35 (Edmead, J.)
Part 37 (Engoron, J.)
Part 52 (Chan, J.)
Part 62 (Wright, J.)
Motions pending in the Motion Support Office Courtroom (Room 130) but not yet marked submitted to a Part with respect to which a judicial reassignment has occurred will be calendared as needed to effectuate reassignment of the motion. Motions that only recently were submitted to a Justice who has been reassigned but that have not yet been decided may in some instances be returned to Room 130 for re-calendaring and reassignment in accordance with the foregoing.
Information on motions may be obtained from the Supreme Court Records On-Line Library (Scroll), which is accessible at no charge on the website of the court at www.nycourts.gov/supctmanh (under “Case Information”).
Conference and other appearances previously scheduled in the Parts in which reassignments have been made will take place on the dates and at the times previously fixed unless the court provides notice otherwise. Scroll will also provide information about these appearances.
The following Justices have been designated to serve in Hybrid Parts in 2013: Justice Nancy M. Bannon (Part 42) and Justice Andrea Masley (Part 43). In these assignments they will handle work from both the Civil Court and the Supreme Court, Civil Branch, New York County over the course of the year. Appearances in Supreme Court cases in Parts 42 and 43 shall take place in Room 307 at 80 Centre Street (phone: 646-386-3237/3238). Various trial-ready non-jury cases have been reassigned to these Parts.
Another Justice will be handling matters in Supreme Court, Civil Branch, New York County on a part-time basis, i.e., Justice Kelly A. O’Neill Levy. Justice Levy, who presides over the Harlem Courthouse, will be assigned some guardianship matters in this court. Appearances shall take place at the Harlem Courthouse.
In addition, the courtrooms of some Parts have been changed although the Justice assigned thereto and the phone number of the Part remain unaltered and some Chambers assignments have been changed. They are the following:
General IAS Part 10 - - Justice George J. Silver
Chambers 626, 60 Centre Street
646-386-3019
General IAS Part 13 - - Justice Manuel J. Mendez
Courtroom 210, 71 Thomas Street
646-386-3736
Chambers 210, 71 Thomas Street
646-386-5705
General IAS Part 19 - - Justice Saliann Scarpulla
Courtroom 335, 60 Centre Street
646-386-3277
Chambers 659, 60 Centre Street
646-386-3690
Matrimonial IAS Part 51 - - Justice Matthew F. Cooper
Courtroom 212, 60 Centre Street
646-386-3846
Chambers 519, 60 Centre Street
646-386-5859
Commercial Division Part 41 - - Justice Lawrence K. Marks
Courtroom 232, 60 Centre Street
646-386-3079
Matrimonial Part 24 - - Justice Ellen F. Gesmer
Courtroom 543, 60 Centre Street
646-386-3285
Chambers 529, 60 Centre Street
646-386-3730
Mortgage Foreclosure Part - - Justice Peter H. Moulton
Courtroom 300, 60 Centre Street
646-386-3752
Medical Malpractice Part 38 - - Justice Judy Harris Kluger
Courtroom 300, 60 Centre Street
646-386-3752
Medical Malpractice Part MMSP - - Justice Douglas McKeon
Courtroom 300, 60 Centre Street
646-386-3752
Counsel are reminded that various notifications previously sent by the court by mail are no longer sent by that means. Counsel have been advised instead to sign up for the court system’s case tracking and notification service as a means to keep track of appearances in cases of interest. The service, which is known as e-Track, provides, at no charge, prompt notice by e-mail whenever an event in a listed case is recorded by court staff in the court’s case history software program. Among the events that, once recorded, will generate e-mail notification are the scheduling or adjournment of a motion or conference, the issuance of a decision on a motion, the issuance of a long form order, and the scheduling of a matter for reference or trial. Attorneys may register with e-Track, and receive notifications in, one, many or all of their cases pending in this court, or pending elsewhere. Attorneys can also arrange to receive through e-Track e-mail appearance reminders at certain intervals prior to each appearance in each listed case.
The e-Track application is accessible at the following address:
http://iapps.courts.state.ny.us/webcivil/etrackLogin
Private, for-fee tracking services are also available.
January 31, 2013
HON. STANLEY S. OSTRAU
The Supreme Court, Civil Branch, New York County notes with great sorrow the passing this past weekend of the Honorable Stanley S. Ostrau, former Administrative Judge of the court and Presiding Justice of the Appellate Term, First Department.
Justice Ostrau served as a judge for almost 25 years. He was appointed to the Civil Court of the City of New York in 1973 and was elected to that court the following year. He was designated an acting Supreme Court Justice and served in that capacity for almost a decade. He was elected to Supreme Court in 1984. In 1987, together with his duties in New York County, he served as Surrogate of Bronx County.
Prior to his judicial service, Justice Ostrau had been a trial lawyer in private practice and with the office of the Corporation Counsel of the City of New York. He also served as Law Secretary to Justices Edward T. McCaffrey and Alvin Klein.
On the bench in New York County, Justice Ostrau handled a wide variety of assignments, from trial parts, to conference and assignment parts, to matrimonial parts. His trial experience, skill at settlement, upbeat demeanor, and passion for fairness made him exceptionally successful at every task given him. And these gifts led to his designation as Administrative Judge of the court, in which capacity he served from 1991 to 1996.
As Administrative Judge, Judge Ostrau was ever on the lookout for ways to improve the operations of the court. He made many important innovations, which continue to serve the court, litigants and the Bar to this day. For instance, he was instrumental in the establishment of the Commercial Parts in 1993 and then, working closely with the Central Administration, the Commercial Division in 1995, which effort has been judged by the commercial Bar an outstanding success. He established a variety of refinements that improved the operation of the Individual Assignment System, which had transformed a central calendar system in 1986. He created the Motion Submission Part (Courtroom 130), which reduced motion calendars in the Parts dramatically, conserved the time of Justices, and saved attorneys from having to make appearances in the very many Parts of the court to submit motion papers and obtain adjournments and freed them from having to keep track of many different motion days and locations. He promoted alternative dispute resolution as part of court operations. He led the court to incorporate orders into opinions on motions, changing long-standing practice in the court in a way that simplified and expedited proceedings for the Bar and litigants. He established a team of matrimonial Parts in place of a single matrimonial motion and trial Part, understanding the importance of providing effective and expeditious adjudication of these challenging cases, particularly those in which children were involved.
Throughout his tenure as Administrative Judge, Judge Ostrau maintained a full workload as the Presiding Justice of the Appellate Term, where he served from 1986 to 1996. Under his leadership, this court was at the forefront of a very significant evolution in landlord and tenant law, a jurisprudence critical to life in New York City.
Justice Ostrau was an exceptional administrator, a fair-minded judge, a great colleague, and an always-friendly and cheerful leader of the staff. The court and the County of New York were fortunate to have had him here for so many years and will long remain in his debt.
Board of Justices,
Supreme Court, Civil Branch
New York County
December 12, 2012
INFORMATION REGARDING CERTAIN JUDICIAL REASSIGNMENTS
The Governor has appointed to the Appellate Division, First Department the Hon. Paul G. Feinman and the Hon. Judith J. Gische, heretofore Justices of this court. Until further notice, Hon. Barbara Jaffe will cover Part 12, the General Assignment Part previously presided over by Justice Feinman. Part 12 will continue to be an e-filing Part. As before, working copies of documents in e-filed cases in that Part shall not be submitted unless otherwise directed in specific instances by the court. Justice Jaffe will also continue to preside over City Part 5.
Information regarding the assignment to Part 10, the General Assignment Part previously presided over by Justice Gische, will be forthcoming in the near future. Counsel are advised to follow this space for such information.
Information on cases assigned to Parts 12 and 10 is available in the Supreme Court Records On-Line Library (Scroll), which is accessible at no charge on the website of the Supreme Court, Civil Branch, New York County at the “Case Information” link at the following address:
Motions pending in the Motion Support Office Courtroom (Room 130) in cases assigned to Part 12 will be referred to Justice Jaffe after submission in the normal manner. Appearance dates in Part 12 cases previously fixed by Justice Feinman will remain in effect unless otherwise directed by the court.
Prior to summer 2012, the court provided notification by mail of certain appearances, but does so no longer. Instead, counsel should sign up for the court system’s E-Track service, which provides notification by e-mail of all appearances recorded in the court’s electronic case history program, as well as other developments recorded therein, such as the issuance of decisions and long-form orders. E-Track allows counsel to list with the service all of the firm’s cases that are pending in the Supreme Court, Civil Branch, New York County, and in other counties as well, which will permit counsel to receive e-mail notification regarding all developments in all of those cases. E-Track can also provide appearance reminders should counsel wish to avail themselves of that capability. To sign up for E-Track, counsel should go to the following address:
http://iapps.courts.state.ny.us/webcivil/etrackLogin
There is no charge for the E-Track service.
October 15, 2012
;
INFORMATION REGARDING CERTAIN JUDICIAL REASSIGNMENTS
Honorable Bernard J. Fried, Justice of the Commercial Division (Part 60), is retiring from the bench. Honorable Marcy S. Friedman, previously assigned to IAS Part 57 and to the Center for Complex Litigation, has been named a Justice of the Commercial Division, effective July 16, 2012. Justice Friedman will take over the entirety of the inventory of Part 60. Any proposed orders to show cause or other applications in Part 60 cases that require prompt judicial action should, effective immediately, be presented to Justice Friedman after submission in the normal manner to the Commercial Division Support Office.
Within a few weeks Justice Friedman will cease to be a Justice of the Center for Complex Litigation. Her place in the Center will be taken by Honorable Cynthia S. Kern (Part 55). It is anticipated that the several groups of mass tort actions that have been assigned to Justice Friedman in the Center and in Part 57 will be transferred to Justice Kern in Part 55 by August 15, 2012.
The General Assignment cases (i.e., other than mass tort cases) that have previously been assigned to Justice Friedman in Part 57 will be reassigned to General Assignment Parts, except for a small number of cases that may remain with Justice Friedman.
Applications for the approval of the transfer of structured settlements in return for lump sum payments (Structured Settlement Protection Act, GOL § 5-1701 et seq.), which have previously been assigned to Part 55, shall henceforth be assigned to Honorable Saliann Scarpulla (Part 19). All other cases that have heretofore been assigned to Justices Kern and Scarpulla in Parts 55 and 19, respectively, will remain assigned to those Justices in those Parts.
Information on appearances and other developments in any of the cases affected by these reassignments, as well as most other cases in the court, may be obtained by consulting the Supreme Court Records On-Line Library (Scroll), a joint project of the County Clerk of New York County and the Supreme Court, Civil Branch, New York County. Scroll may be accessed on the website of the court at www.nycourts.gov/supctmanh at the “Case Information” link. There is no charge to use Scroll.
Attorneys are also advised to sign up to use the court system’s e-Track case tracking and notification service. Attorneys may record in e-Track the cases in which they appear that are pending in Supreme Court, Civil Branch, New York County. Then, whenever a development occurs in any such case that is recorded in the court’s case history database (e.g., issuance of a decision or order, change of the scheduled date of a conference), a notification will be automatically transmitted by e-Track to counsel via e-mail. Attorneys may also schedule electronic reminders of upcoming appearances via e-Track. The e-Track application is accessible on the website of the New York State Unified Court System at http://iapps.courts.state.ny.us/webcivil/ecourtsMain or at the “E-Courts” link from the home page at www.nycourts.gov. There is no charge to use e-Track.
Certain notices of appearances that were previously provided by the court by mail will no longer be transmitted. Counsel should use e-Track to obtain notification thereof.
Justice Friedman will take over Justice Fried’s courtroom (Room 248) in August 2012. Between now and then, any delivery for Part 60 shall be made to Justice Friedman in Room 335. Counsel are reminded that most cases in Part 60 are e-filed matters. The telephone number of Part 60 will remain unchanged (646-386-3310). Justice Friedman’s Chambers and Chambers telephone will remain the same. The courtrooms and Chambers of Justices Kern and Scarpulla and their telephone numbers shall remain unchanged.
July 16, 2012 (updated July 31, 2012)
NOTICE REGARDING CERTAIN COURT NOTIFICATIONS
In recent years, the Supreme Court, Civil Branch, New York County has transmitted certain notices to counsel by mail. One notice advises counsel regarding the date and time that has been fixed for a preliminary conference in response to the filing of a request for a preliminary conference. Second, in City and Motor Vehicle cases, in which Case Scheduling Orders are issued by the court without need for an appearance for a preliminary conference, a copy of the order has been sent to counsel. The third form of notice advises counsel of the date of argument on certain motions that have been marked “submitted” in the Motion Support Office Courtroom (Room 130). The motions in question are those in Parts in which the Justice directs that argument be had on a motion-by-motion basis. If a Justice requires an appearance in the Part on all motions marked submitted in Room 130, notations of the argument date are recorded in the calendar that is printed daily in the New York Law Journal reporting the actions taken in Room 130. Fourth, a notice has been mailed to counsel advising of the scheduling of an initial appearance in the Neutral Evaluation Program (informally known as “Mediation”).
Counsel are hereby informed that, beginning July 16, 2012, the court will no longer transmit these four kinds of notice. Counsel are advised to sign up for the Unified Court System’s case information notification service, called e-Track. By doing so and recording in e-Track all of counsel’s cases pending in the Supreme Court, Civil Branch, New York County, counsel will be able to receive expeditious automated notification of the events covered by these notices, as well as all other developments in those cases that are recorded in the court’s case history program, the Civil Case Information System (“CCIS”), such as the issuance of a decision on a motion, the scheduling of compliance or status conferences, or the issuance of a long form order. As soon as a preliminary conference date or a Mediation appearance date is scheduled in CCIS, a Case Scheduling Order is issued, or an argument is scheduled in CCIS for a Part, e-Track will transmit a notification of the event by e-mail. This form of notice is quicker and more reliable than notices sent by mail and the designated recipients can be tailored by counsel to each case and the needs and procedures of the office. There is no charge to use the e-Track service. For additional information about e-Track and to sign up for the service, please go to the following address:
http://iapps.courts.state.ny.us/webcivil/ecourtsMain
or click on “E-Courts” on the home page of the Unified Court System at www.nycourts.gov.
In addition, for information on the status of individual cases, attorneys may consult the Supreme Court Records On-Line Library (Scroll), a joint project of the County Clerk of New York County, Hon. Norman Goodman, and the Supreme Court, Civil Branch, New York County. Scroll provides information, on a case-by-case basis, as to all appearances scheduled for motions and conferences. Scroll also makes available other information and copies of important documents. Attorneys who are advised by e-mail from e-Track that a Case Scheduling Order has been issued in a City or Motor Vehicle action can obtain a copy of the order from Scroll. Scroll can be consulted at any time. Scroll is available at no charge on the website of Supreme Court, Civil Branch, New York County at “Case Information” at www.nycourts.gov/supctmanh.
Scroll does not provide e-mail notification to attorneys about developments in cases. Therefore, e-Track may well prove more useful for those who wish to follow for, and receive alerts regarding, developments in cases of interest on an on-going basis.
The court system’s e-filing program, the New York State Courts Electronic Filing System, provides immediate e-mail notification whenever a document in an e-filed case is filed with that system, though it does not provide notice whenever an appearance is scheduled in CCIS.
Certain commercial attorney’s services also provide e-mail notification of scheduled appearances.
July 2, 2012
COMMERCIAL DIVISION ASSIGNMENT PROCESS
Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2011 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Uniform Rule 202.70 (d). In a hard-copy case a copy of the pleadings shall be submitted as well. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part.
The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 150,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. There are two categories of exception. First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. Uniform Rule 202.70 (b). Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel arbitration or affirm or disaffirm an arbitration award or seeks related injunctive relief. Uniform Rule 202.70 (b) (4), (5), (11), (12). In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. If the clerk’s review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). See Subd. (f) (1).
The rules provide for application to the Administrative Judge to review certain assignment determinations. Any such application must be made in a timely manner. Uniform Rule 202.70 (e) and (f) (2). Rulings of the Administrative Judge have been posted on the Division website (under “Decisions Online” on the New York County home page).
February 17, 2012
NOTICE TO THE BAR REGARDING
MANDATORY E-FILING
Pursuant to an Administrative Order, dated Jan. 12, 2012, issued by the Chief Administrative Judge in accordance with legislation enacted in 2011, electronic filing of litigation documents through the New York State Courts Electronic Filing System (“NYSCEF”) will become mandatory in all commercial, contract, and tort actions, without regard to the amount in controversy, that are commenced in New York County Supreme Court on or after February 27, 2012. On and after that date, such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must serve on the defendant/respondent a Notice of Commencement of Mandatory E-Filed Case (form available on the NYSCEF website (www.nycourts.gov/efile)). Thereafter, with very limited exceptions, all documents must be e-filed.
Court fees are paid to the County Clerk by credit or bank card (MasterCard, Visa, or American Express) through NYSCEF. The normal filing fees apart, there is no charge to use NYSCEF, file documents in it, serve documents through it, or print out hard copies from it.
Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as with regard to proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website on the “E-Filing” page at:
The NYSCEF system is intuitive and easy to learn. Working with NYSCEF will be especially easy for attorneys who are familiar with the Federal courts’ ECF system. A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.
Live training is also available for those who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attending counsel at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Attorneys and others who wish to attend must register in advance for this course, which may be done on-line at the “Training” link on the NYSCEF website. In addition, a special 90-minute course (with 1.5 CLE credits at no charge) will be conducted by the Supreme Court, Civil Branch, New York County in Room 130 at 60 Centre Street on Thursday, March 29, 2012, from 1-2:30 PM, and as circumstances make appropriate. Reservations for this course are also required. Again, attorneys and others should go to the “Training” link to sign up. For additional information, please contact the statewide NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Revised March 8, 2012
CITY CASES
The Bar is reminded that cases assigned to a Justice in one of the City Parts (Parts 5, 52, and 62) shall be placed on a Differentiated Case Management (“DCM”) Track upon the filing of the Request for Judicial Intervention (“RJI”). See Uniform Rule 202.19. All such cases shall be designated as proceeding on the “standard” pre-note track (note of issue to be filed within 12 months from filing of the RJI). Further, these cases shall be subject to an automated DCM process. That is, upon the filing of an RJI in a City case accompanied by a request for a preliminary conference or a disclosure motion, the court will automatically generate a case scheduling order without the need for an appearance by the parties. In order, however, that an EBT date can be arrived at for inclusion in the order, the City must have been previously supplied with a bill of particulars; the EBT date shall be consistent with the completion of all disclosure within the DCM track deadline, as shall be specified in the case scheduling order. Counsel in these cases are advised to provide the City with a bill of particulars forthwith, if one has not already been served.
Once a case scheduling order has been signed by the Justice assigned to the case, a copy will be posted in the Supreme Court Records On-Line Library (“SCROLL”), which is accessible on the court’s website (“Case Information” at www.nycourts.gov/supctmanh). Counsel must consult SCROLL to obtain a copy of the order as a copy will no longer be mailed to counsel. All relevant deadlines, including the date for a compliance conference, will be set forth in the case scheduling order. Attorneys may obtain, at no charge, e-mail notification regarding issuance of the scheduling order and all other developments in their City cases and other cases by listing their cases with “E-Track,” the court system’s case tracking service, which is accessible at:
http://iapps.courts.state.ny.us/webcivil/etrackLogin
or by means of the “E-Courts” link at www.nycourts.gov.
October 28, 2011
NOTICE TO THE BAR REGARDING NEW FORM OF RJI
(Revised January 2012)
New Form of RJI
The Unified Court System has issued a new form of Request for Judicial Intervention (“RJI”), addenda thereto, and revisions to related Uniform Rules. The new form of RJI and addenda are accessible on the website of the Supreme Court, Civil Branch, New York County, on the “Forms” link on the home page at www.nycourts.gov/supctmanh. Only the new form of RJI is accepted by this court
The addenda that have been promulgated consist of a general addendum, which is used to identify additional parties or related cases; a matrimonial addendum, which is used when there are children under the age of 18 who are subject to the matrimonial action; a foreclosure addendum, which is used in mortgage foreclosure actions where the property is a one-to-four family owner-occupied residential property or an owner-occupied condominium; and a Commercial Division Addendum, which is used when the filer seeks an assignment of a case to the Commercial Division.
Commercial Division Assignments
In commercial cases in which the filer wishes an assignment to the Commercial Division, the filer must (i) submit the new form of RJI and, as appropriate, mark the case as a “Commercial” case, a dissolution matter (under “Other Matters”), or an Article 75 proceeding and (ii) attach a completed Commercial Division Addendum certifying that the case meets the requirements for assignment to the Commercial Division. See Uniform Rule 202.70 (d) (amended May 25, 2011). A local rule shall be promulgated requiring that a copy of the pleadings shall also be submitted. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a General Assignment Part.
Pre-Note Time Frames
The previous RJI form contained a question regarding the pre-note-of-issue time frame that, in the filer’s view, should be assigned to the case. This time frame is also known as the Differentiated Case Management (“DCM”) “track” or the pre-note standard and goal. See Uniform Rule 202.19. A designation of each case to a particular track is made by the clerk when the RJI is filed. The main tracks are: eight months - expedited; 12 months - standard; and 15 months - complex. The previous time frame question has been omitted from the new form of RJI. The time frames, however, remain in effect. The Supreme Court, Civil Branch, New York County will implement the following protocol in assigning cases to DCM tracks upon filing of the RJI. The following cases will be assigned to the following tracks:
Commercial (Commercial Division and non-Division) - - Complex
Medical/Dental/Podiatric Malpractice - - Complex
Mass Torts - - Ultra-Complex (20 months)
Tax Certiorari - - Special time frame (48 months)
Matrimonial - - Special time frame (six months)
Motor Vehicle - - Expedited
All Other Cases - - Standard
Counsel may raise at the preliminary conference the question of whether a different track assignment should be made. If persuaded that the circumstances of the particular case are such that the case belongs on a shorter or longer track than the one to which the case was assigned in accordance with the foregoing protocol, the Justice may direct that the case be assigned by the clerk to another track, which will be done.
The DCM time frames or tracks constitute goals set by the Unified Court System for the expeditious processing of cases pre-note. (There is also a separate post-note standard and goal, generally of 15 months.) A note of issue should be filed within the pre-note DCM time frame recorded for the case in accordance with Uniform Rule 202.19 or else the case will be deemed out of compliance with standards and goals. The orders of the assigned Justice, however, will control when specific steps in the discovery process in any individual case must be completed. See Rule 202.19.
Filing Requirement for New RJI Form
The Unified Court System has changed the procedures regarding the obligation to file an RJI. These are reflected in the new form of RJI. See also Uniform Rule 202.6 (b) (modified effective May 25, 2011 and Jan. 10, 2012). In sum, an RJI is now required to be filed with regard to most applications; in some instances, an RJI fee ($ 95) is required and in others the filing is to be without fee. Generally, an RJI must be filed and a fee must be paid whenever the nature of the application is such as to require that there be supervision and case management of a pending case by a Justice that will extend beyond addressing the papers submitted by the applicant and therefore that there be an ongoing assignment of the case to an IAS Justice made via the court’s computer system. Examples of instances of documents that will initiate continuing judicial involvement are notices of motion or petition, proposed orders to show cause, notes of issue, notices of medical, dental and podiatric malpractice action, statements of net worth, and requests for a preliminary conference. Where, on the other hand, the application being submitted is a discrete and self-contained one that will not require continuing involvement by an IAS Justice, the RJI shall be filed without fee and the matter shall not be assigned to a Justice, but rather shall generally be referred to an Ex Parte Justice. Any application not filed in an action or proceeding, a name change application, and an application for discovery in an out-of-state case are examples of discrete applications that now are to be filed accompanied by an RJI but for which no fee need be paid. Included in this group are uncontested matrimonial matters
| New RJI Required (No Fee Payable) (No Ongoing Assignment of Justice) |
| Uncontested matrimonial application |
| Application not filed in an action or proceeding |
| Application for an order authorizing emergency surgery |
| Petition for sale or finance of religious/not-for-profit property |
| Name change application |
| Habeas corpus application |
| Application for discovery in out-of-state action (CPLR 3102 (e)) |
| Other ex parte applications not requiring ongoing judicial assignment |
| New RJI Required with $ 95 Fee (Ongoing Assignment of IAS Justice) |
| Notice of motion or petition |
| Order to show cause |
| Note of issue |
| Notice of medical, dental or podiatric malpractice action |
| Statement of net worth |
| Request for preliminary conference |
| Other applications in a case to be assigned to an IAS Justice |
| Infant’s,incompetent’s, and wrongful death compromise orders (no action commenced) |
October 18, 2011
Revised January 19, 2012
CHANGES IN THE ADMINISTRATIVE COORDINATING PARTS
(PARTS 40 AND 27 CITY)
Effective Monday, April 11, 2011, Honorable George J. Silver will handle the assignment of trial-ready cases in the Administrative Coordinating Parts. The Parts, previously designated Part 40 and Part 27 City (City cases), will henceforth be designated Part 40 and Part 40 City (City cases). The calendars of these Parts were previously called at 10 AM. Henceforth, they will be called at 9:30 AM. The Part 40 and Part 40 City calendars will be called Monday through Thursday, in Room 136 at 80 Centre Street. In addition to this new assignment, Justice Silver will maintain his Motor Vehicle assignment (Part 22)
April 5, 2011
CHANGES TO CERTAIN OFFICES AND PROCEDURES
CHANGES TO CERTAIN OFFICES
Effective immediately, the processing of Secure Pass applications and renewals is being moved from Room 148 at 60 Centre Street to 111 Centre Street (White Street entrance). As to any applications that were submitted to 60 Centre Street and that remain pending, attorneys should obtain the Secure Pass or information about the application at 111 Centre Street (White Street entrance).
Effective February 9, 2011, changes are being made to certain offices of the court at 60 Centre Street. First, the counter functions of the Trial Support Office (Room 158) will henceforth be conducted at the main counter in Room 119. Documents that heretofore have been submitted by the Bar in Room 158, such as requests for a preliminary conference, notes of issue, jury demands, or notices of medical malpractice action, shall hereafter be submitted to Room 119. In e-filed cases, documents shall be submitted electronically.
Second, the Commercial Division Office shall move from its present location (Room 148) to Room 119 A, which can be reached through a separate entrance to the right of the main counter of Room 119, except for the Division’s ADR program, which shall remain in Room 148. The functions of the Commercial Division Office shall remain unchanged. Orders to show cause, ex parte orders, proposed long form orders and counter-orders, preliminary conference requests, notes of issue, and jury demands in Commercial Division cases shall continue to be submitted to the Commercial Division, now in Room 119 A. In e-filed commercial cases, documents must be e-filed and those documents that are submitted for judicial review must also be submitted in working copy form (bearing, firmly affixed to the back facing out, a copy of the Confirmation Notice generated by the New York State Courts Electronic Filing System (“NYSCEF”) upon the filing of the document with NYSCEF). For more information on e-filing, see the Protocol on Electronic Filing posted on the “E-Filing” page of the court’s website at www.nycourts.gov/supctmanh.
Third, the Special Referees Part calendar shall be called in Room 106 at 80 Centre Street.
CHANGES TO CERTAIN MOTION PROCEDURES
Effective March 15, 2011, the following changes in procedures in the Motion Support Office (Room 119) and the Motion Support Office Courtroom (Room 130) will be implemented.
(1) An attorney seeking to submit to the Motion Support Office (Room 119) a motion or petition on notice in a hard copy case shall present only the original notice of motion or notice of petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit, together with one photocopy of those documents, which is used for scanning the documents into the Supreme Court Records On-Line Library (“Scroll” ) . Affirmations or affidavits in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Support Office Courtroom (Room 130) on the final return date of the motion. Proof of service of the affirmations, affidavits and memoranda, if separate from the proof of service of the notice of motion/petition, may be submitted with the former documents. An attorney whose office is located outside the County of New York may submit by mail or express delivery service the notice of motion/petition, proof of service and Rule 202.7 affidavit/affirmation and the photocopy thereof, together with the motion fee ($ 45) in the form of a money order or attorney’s check made payable to the New York County Clerk (personal checks not accepted), provided that the package arrives within the time set forth in the next paragraph.
(2) The original notice of motion/petition, proof of service, 202.7 affirmation/affidavit and one photocopy shall be presented to Room 119 no later than five business days before the original return date, but no earlier than 30 days prior to that return date. Any such submission presented more than 30 days prior to the return date will not be accepted at that time.
(3) Heretofore, when papers on a motion/petition have been submitted in Room 119 with a request for judicial intervention, the motion/petition has been placed on the “Initial Motion Calendar” in Room 130 for the original return date. A Justice has been assigned prior to the return date and, on the return date, the matter has been adjourned one week for submission of papers. As of March 15, 2011, the Initial Motion Calendar shall be abolished. All initial motions/petitions (motions/petitions accompanied by RJI) shall appear on the “Submissions Calendar” on the original return date. The motions/petitions will not be automatically adjourned. Attorneys shall submit all papers on the motion/petition on the return date or arrange for an adjournment in accordance with the procedures of the Motion Support Office Courtroom and submit all papers on the final return date. See “Motions/Proceedings on Notice” under the “Courthouse Procedures” link on the home page of the court’s website.
(4) Cross-motions, papers in opposition, and replies on a motion/petition on notice in a hard copy case shall be submitted to the Motion Support Office Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date.
(5) Documents in electronically filed cases in which a motion/petition on notice is made returnable in the Motion Support Office Courtroom (Room 130) may be e-filed at any time, as at present, except that the moving papers should be e-filed at least eight days prior to the return date to allow the staff time to process and calendar the motion. Unless the Justice assigned dispenses with such copies, attorneys must submit working copies of documents on the motion/petition in the Courtroom on the final return date, including copies of all opposition and reply documents, to each of which a copy of the Confirmation Notice shall be firmly affixed as stated above.
(6) Attorneys are reminded that motions/petitions on the calendar of the Motion Support Office Courtroom may be adjourned by e-mail where such adjournments are in conformity with the procedures of the Courtroom and provided that there are no more than three adjournments of the matter for a total of 60 days. See the link labeled “Motions/Proceedings on Notice” under “Courthouse Procedures” on the website of the court at the address listed above.
Feb. 8, 2011
NOTICE TO THE BAR REGARDING APPLICATIONS FOR
TEMPORARY RESTRAINING ORDERS SUBMITTED TO
THE EX PARTE OFFICE
Pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice. In the absence of such prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought of the time, date and place that the application will be made sufficient to permit the party an opportunity to appear in response to the application. It is the practice of this court that the applicant must notify the party against whom the restraining order is sought of the time and date that the application will be submitted to the Ex Parte Office. Further, counsel shall advise the adversary that he or she will inform the adversary of the place, date and precise time when the Justice will entertain the application. Once the papers have been submitted to the Ex Parte Office, applying counsel shall contact the Part of the Justice in question to determine when and where it will be convenient for the Justice to entertain the application. Counsel shall then promptly notify the adversary. Counsel shall not appear in the courtroom of the assigned Justice without having first made such an inquiry.
Dated: August 21, 2007
