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New York StateUnified Court System

Hon. David B. Vaughan


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Part 4 Rules | Part 9 Commercial Foreclosure Rules | E-file Courtesy Hard Copy Rules

Part 4 Rules

Part 4
360 Adams Street
Brooklyn, NY 11201
Chambers Phone Number: 347-296-1455
Courtroom Phone Number: 347-296-1594

Rev. October 22, 2013


1. There will be two calls of the calendar. First call at 9:30 a.m., the second call at 10:30 a.m.

2. In addition to the automatic adjournment by Motion Support, all motions (excepting discovery motions) will be given only one further adjournment that will include a court-ordered briefing schedule. Stipulations are required for adjournments prior to the return date. Contact chambers (347-296-1455) or the courtroom (347-296-1594) regarding stipulations to adjourn.

3. Discovery motions will not be adjourned except for good cause. The issues raised by the motions will be resolved on the return date.

4. Excepting those motions with briefing schedules, opposition shall be filed with and date stamped by motion support no later than 7 business days prior to the scheduled return date in the part.

5. Any reply shall be filed with and date stamped by Motion Support no later than 3 business days prior to the scheduled return date in the part.

6. Motions that are fully briefed and/or have briefing schedules that do not request oral argument will be marked submitted and an appearance will not be required. Thereafter no further papers will be accepted.

7. Oral argument on fully briefed motions shall be requested in writing and faxed to chambers with a copy to all parties no later than 10 business days prior to the scheduled return date of the motion. Arguments will be heard on the scheduled return date of the motion. Contact chambers for fax number.

8. Motions for Summary Judgment must be made within 60 days of filing of the Note of Issue.

9. All motions and subsequent papers shall have exhibit tabs.


General Provision
Any inquiries regarding status of any orders, motions, or orders to show cause should first be directed to the appropriate department prior to any call to chambers. Ex-parte communications with chambers is strictly prohibited. Chambers staff is not permitted to provide guidance or advice to attorneys or litigants.

 

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Part 9 Commercial Foreclosure Rules


360 Adams Street
Brooklyn, NY 11201
Chambers Phone Number: 347-296-1455
Courtroom Phone Number: 347-296-1594

Rev. September 13, 2013

1. There will be one call of the calendar at 2:15 pm.

2. In addition to the automatic adjournment by Motion Support, all motions will be given only one further adjournment that will include a court-ordered briefing schedule. Stipulations are required for adjournments prior to the return date. Contact chambers (347-296-1455) or the courtroom (347-296-1594) regarding stipulations to adjourn.

3. Excepting those motions with briefing schedules, opposition shall be filed with and date stamped by motion support no later than 7 business days prior to the scheduled return date in the part.

4. Any reply shall be filed with and date stamped by Motion Support no later than 3 business days prior to the scheduled return date in the part.

5. Motions that are fully briefed and/or have briefing schedules that do not request oral argument will be marked fully submitted. An appearance will not be required. Thereafter no further papers will be accepted.

6. Oral argument shall be requested in writing and faxed to chambers with a copy to all parties no later than 10 business days prior to the scheduled return date of the motion. Arguments will be heard on the scheduled return date of the motion. Contact chambers for fax number.

7. Motions for summary judgment must be made within sixty days of the note of issue.

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E-file Courtesy Hard Copy Rules

Rev. September 13, 2013

1. Courtesy hard copies of all motions and subsequent filings shall be submitted through and date stamped by Motion Support. The motion papers shall be filed with Motion Support two weeks prior to the scheduled return date in the part.

2. Opposition and reply shall be filed with and date stamped by Motion Support in accordance with this part's motion practice rules.

3. Courtesy copies of all motions and subsequent filings shall have exhibit tabs.

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