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New York StateUnified Court System

Hon. Gloria Dabiri


Part Rules

Part 2
360 Adams Street
Courtroom Room #: 956
Courtroom Telephone #: 347-296-1622

Chambers Room #: 1058E
Chambers Telephone #: 347-296-1563
Chambers Fax #: 718-643-6244

Law Secretary: Yvonne Marin, Esq.
Personal Secretary: Dina James
Court Clerk: Louis Esposito
Senior Court Officer: Adrian Sterrett

Revised May 2013


INQUIRIES
All inquiries as to case or calendar status should, in the first instance, be made to the IAS Trial Term Support Office, Room 227, 347-296-1694. The only inquires to be made directly to Chambers or the Part are those requiring the exercise of judicial discretion.

MOTIONS

1. All motions, including orders to show cause, are returnable on alternative Fridays for oral argument.

2. All attorneys must be present.

3. A pre-motion conference is strongly advised, particularly if the contemplated motion seeks relief pursuant to Article 31 of the CPLR. An affirmation of good faith, as required by NYCRR §202.7 (c), is to be included.

4. Proposed orders to show cause must be brought to I.A.S. Part 72, Room 10 North for review and submission to the Judge.

5. All Motion papers must be filed with the Motion Support Office, Room 227 at 360 Adams Street. NO MOTION PAPERS WILL BE ACCEPTED IN CHAMBERS.

6. Motion papers, answering affidavits and reply affidavits must be served on adversaries as per CPLR §2214.

7. Courtesy hard copies to Chambers are only required in E-Filed actions and shall be provided no less than seven (7) days prior to the scheduled hearing date of the motion.

8. There shall be two (2) calendar calls on motion days.

9. The first call of the motion calendar shall be at 9:30 a.m. sharp and the second call will be at 10:00 a.m. sharp.

10. Anyone failing to answer the second call of the calendar will have their motion marked off if they are the movant, or a default entered if they are the opposing party.

11. ADJOURNMENTS ON APPEARANCE DATE: There will be no consent adjournments. In order to adjourn a matter on the motion calendar, the Part requires: (1) an original stipulation signed by all sides and (2) all attorneys must appear before the Court and make a formal application for an adjournment date.
PRIOR TO APPEARANCE DATE: Adjournments of motions will be entertained by the Court prior to the appearance date for good cause only. If permission is granted, attorneys must present an original stipulation signed by all parties for an adjournment date agreed to by Yvonne R. Marin, Esq. Principal Law Clerk, and all parties, no later than 4p.m. three (3) days prior to the appearance date.

12. Summary Judgment motions may be adjourned for a period not to exceed sixty (60) days from the filing of the Note of Issue.

13. There shall be no adjournment of motions which have appeared on the motion calendar two (2) previous times.

14. Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue.

PRELIMINARY CONFERENCE and COMPLIANCE HEARINGS

Preliminary Conferences and Compliance Hearings will be held in the Intake Part, Room 524 and Room 469, respectively. A Preliminary Conference Order will be issued setting a disclosure schedule, at which time a Compliance Hearing date will be set. Upon certification of the completion of disclosure at the Compliance Hearing, the Note of Issue may be filed.

NOTE OF ISSUE

The case may be placed on the trial calendar by serving and filing a note of issue and a certificate of readiness, pursuant to the Kings County Supreme Court Uniform Civil Term Rules.

TRIALS

Prior to the commencement of trial, the following items are to be furnished to the Court:

1. Marked pleadings pursuant to CPLR 4012.

2. Copies of all EBTs to be used at trial to be provided to the Court.

3. The Court also directs that all pages of any medical or hospital records to be introduced as an exhibit during the trial be consecutively numbered. This will facilitate any questioning of experts when referring to such exhibit.

4. Concise statement of the party’s contentions.

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