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New York StateUnified Court System

Hon. Richard Velasquez


Part Rules 66

Principal Law Clerk: Tamara R. Slogosky, Esq.
Court Clerk: Sandra Bell
Secretary: Ana Moreno-Dejesus

Courtroom: 469
Courtroom Phone: (347) 296-1118
Chambers Phone: (347) 296-1600
Chambers Fascimile: (212) 720-9304


INQUIRIES

  1. Calls to chambers should be limited to emergency applications, or if instructed to contact chambers by a member of the Judge’s staff. For routine matters, please consult the part rules or the CPLR. Pursuant to New York State Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex-parte communications with the Court is prohibited.

SUBPOENAS

  1. All subpoenas must be reviewed by the Subpoena Records, Room 648.

MOTIONS IN GENERAL

  1. Motion papers, answering affidavits, and reply affidavits must be served on adversaries as per CPLR §2214, unless stipulated or ordered otherwise.
  2. Hard copies of e-filed motions MUST be brought to the courtroom at least one (1) week prior to the return date.
  3. Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue.
  4. Cross motions must be filed with Motion Support, and courtesy copies filed with the Court Clerk, Room 469, one week prior to the return date.
  5. All Orders to Show Cause, Special proceedings and Motions scheduled before this court are governed by CPLR §§ 403 and § 103.
  6. Exhibit tabs are required on all papers filed with the court

DEFAULTS

  1. Pursuant to Uniform Rule §202.27 the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear, or a motion denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit.
  2. Defaults may be entered on second call.
  3. If an attorney or self-represented party must leave the Courtroom for another Part, inform the Court Clerk of your whereabouts prior to leaving this Courtroom. If you fail to inform the Court Clerk that you must leave and you are not present for second call default may be entered.

ADJOURNMENTS

  1. Adjournments may be made by written stipulation prior to the motion date or at the general motions calendar call.
  2. Four adjournments are permitted upon consent of all parties. Requests for adjournments must be submitted at least one (1) day prior to the relevant appearance date. All requests for additional adjournments beyond the four permitted MUST be made upon application to the Judge on the scheduled appearance date.

THERE WILL BE NO ADJOURNMENTS FOR MOTIONS ON THE ORAL ARGUMENT CALENDAR.

GENERAL CALENDAR

  1. The General Motion Calendar is heard every Wednesday.
  2. First call is 9:45 a.m.  Second Call is 10:45 a.m.
  3. Motions on the general motion calendar may also be settled or withdrawn. Motions on the general motion calendar may NOT BE SUBMITTED.
  4. If all parties are ready to proceed on a motion on the general motion calendar, an application may be made to place the motion on the ORAL ARGUMENT calendar for the next available date.  No oral argument will be heard on the date of the application to place a motion on the ORAL ARGUMENT calendar.

ALL PAPERS MUST BE SUBMITTED TO THE COURT AT OR BEFORE SUCH TIME ORAL ARGUMENT IS REQUESTED.

ORAL ARGUMENT CALENDAR

  1. The Oral Argument Calendar is heard every Wednesday.
  2. First Call is 10:00 a.m.  Second Call is 10:45 a.m.
  3. Motions on the Oral Argument Calendar are those motions which have been adjourned from the general motion calendar for the purpose of entertaining Oral Argument of the motions which have been placed on the Oral Argument Calendar.
  4. Courtesy copies MUST be filed with the Court Clerk one week prior to the Oral Argument return date in Room 469.

PARTIES WHO HAVE ANSWERED “READY” MUST REMAIN IN THE COURTROOM.  IF YOU LEAVE FOR ANY REASON, YOU MUST INFORM THE COURT CLERK OF YOUR WHEREABOUTS AND A NUMBER TO REACH YOU AT PRIOR TO LEAVING THE COURTROOM. COUNSEL IS ADVISED THAT IF A MOTION HAS BEEN MARKED READY AND NO ONE APPEARS TO ARGUE THE MOTION WHEN IT IS CALLED TO BE HEARD, A DEFAULT MAY BE TAKEN AGAINST THE PARTY WHO ANSWERED READY AND THEN FAILED TO APPEAR.

ORDERS TO SHOW CAUSE & SPECIAL PROCEEDINGS

  1. All orders to show cause and special proceeding motion papers, answering affidavits, and reply affidavits MUST be served on adversaries as per CPLR §403(b) which prescribes the timing requirements for notice of the hearing and service of responsive papers in the special proceeding.
  2. Courtesy Copies MUST be filed with the Court Clerk one (1) day prior to the return date in Room 469.
  3. If an Order to Show Cause contains a TRO the Order to Show Cause may be heard by the court on the return date specified in the Order.
  4. All Orders to Show Cause, Special proceedings and Motions scheduled before this court are governed by CPLR §403 & §103

TRIALS & SUMMARY JURY TRIALS

  1. All parties must be present in Court by 9:30 a.m. unless instructed otherwise by the Court. 
  2. Prior to the scheduled trial date, counsel MUST provide the names, phone numbers, and emails of the attorneys who will be conducting the trial.
  3. Prior to the scheduled trial date, counsel must submit to the Court marked pleadings and the Bill of Particulars.
  4. Prior to trial Counsel must provide to the Court copies of any deposition testimony that will be offered into evidence.
  5. Prior to trial, Counsel must inform the court if a language interpreter is needed for a witness.
  6. Prior to trial, Counsel must submit to the Law Clerk proposed Jury Charges and a proposed Verdict Sheet.
  7. All exhibits must be pre-marked by the clerk before trial begins
  8. Counsel also must provide business cards for the Court Clerk and Court Reporter.

INFANT COMPROMISES

  1. Hearings will be scheduled by the Court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless appearance was otherwise waived.
  2. Infant Compromise petitions must comply with CPLR §1208.
  3. Supplemental submissions will not be accepted by facsimile. Any supplemental submissions can be submitted by mail or to the part.

ALL ATTORNEYS AND SELF-REPRESENTED PARTIES - PLEASE NOTE!
NO SELF-EXECUTING ORDERS WILL BE ACCEPTED ON ANY MOTION BEFORE THE COURT.  THERE ARE NO EXCEPTIONS TO THIS RULE!!
THIS COURT WILL NOT ENTERTAIN ANY EX-PARTE COMMUNICATIONS!

 

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