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New York StateUnified Court System

Hon. Marsha L. Steinhardt


Part Rules

Part 15
360 Adams Street
Courtroom Room Number: 419
Courtroom Telephone Number: 347-296-1650

Chambers Room Number: 1035E
Chambers Telephone Number: 347-296-1545
Chambers Fax Number: 212-401-9042

Principal Law Clerk: Alexis Riley, Esq.
Personal Secretary: Adelbis Padron
Court Clerk: TBA
Court Officer: Charles Ritz

SUMMARY JUDGMENT MOTIONS
*Prior to making a Summary Judgment motion, parties are required to have conference with Court and must schedule via fax (212-401-9042).*

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

All Memoranda of Law and Attorney Affirmations, in support of or in opposition to a motion, shall be limited to 25 pages with font no smaller than 12. Expert Affirmations/Affidavits are exempt from a page restriction.

Expert Affirmations/Affidavits must be tabbed and placed as the FIRST exhibit following the Attorney Affirmation.

All other exhibits including medical records and deposition transcripts shall be submitted digitally. Pages of a document referred to in an Affirmation shall be attached in paper form as a tabbed exhibit.

ALL MOTIONS
1.  Motions, including Orders to Show Cause, are argued on designated Thursdays – generally twice per month.
2.  Attorneys must be present at the call of the calendar.
3.  Orders to Show Cause must be processed in Special Term Part 72 for review and submission      to the Judge.
4.  Notice of Motion papers must be filed in Motion Support. NO MOTION PAPERS, PETITIONS OR COURTESY COPIES WILL BE ACCEPTED IN CHAMBERS.
5.  All Memoranda of Law and Attorney Affirmations, in support of or in opposition to a motion, shall be limited to 25 pages with font no smaller than 12.
6.  All exhibits must be separated by exhibit tabs and subject to the same provisions as Summary Judgment motions noted above.
7.  Motions may be adjourned, on Consent, by Stipulation faxed to Chambers [(212) 401-9042] or submitted at the call of the motion calendar. If consent is not obtained, applications will be entertained at the calendar call.
8.  There are two (2) calendar calls on Motion Days. The first call will be at 9: 45 a.m. sharp and the second call will be at 10:30 a.m. sharp.
9.  All Motions require oral argument.
10.  Failure to answer the second call of the calendar will result in the motion being marked off or granted on default.
11. Calls regarding the motion calendar should be directed to the courtroom, not Chambers.

NOTE OF ISSUE
Cases 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.

INFANT COMPROMISE & DEATH COMPROMISE ORDERS
Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72. These petitions are ex-parte applications which do not require a Notice of Motion and should not be placed on the motion calendar.

Infant Compromise petitions must comply with CPLR § 1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.  The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or non-appearing defendants. A current medical report and an Affirmation of no liens is required with the submissions.

Death Compromise petitions must comply with the provisions of EPTL §5-4.6 and include an affirmation of no liens or, where liens are asserted, documentation of such liens. The Order must include a directive for payment of liens.

If a Compromise Order was signed as to a previously settled defendant, such Order must be attached as an exhibit to the subsequent proposed order. The prior settlement must be noted in the Attorney Affirmation in support of the subsequent order and must be cited in such order.

Amendments to compromise orders must include a copy of the original compromise order and an Attorney Affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

Exhibit tabs must be used to separate exhibits.

The Court’s signature line must not appear on a page with no writing.

STIPULATIONS OF DISCONTINUANCE
Stipulations of Discontinuance without consent of all parties shall be filed as a Motion on Notice in Motion Support.

Stipulations of Discontinuance, on consent, involving an infant or a death case shall be submitted to Chambers for signature.

INQUIRIES
All inquiries as to case or calendar status should, in the first instance, be made to the MOTION Support Office, Room 227 (347) 401-9249.

ADJOURNMENTS & CORRESPONDENCE:
No unsolicited courtesy copies of papers shall be sent to Chambers.  All correspondence sent to Chambers shall be copied to all parties.

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.

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