Hon. Paula L. Feroleto
Eighth Judicial District Administrative Judge
Judicial Directory Information

25 Delaware Avenue - 2nd floor - Part 12
Buffalo, NY 14202
Email: pferolet@courts.state.ny.us
Ph: (716) 845-9438
Fx: (716) 851-4696

MOTIONS:

Most Wednesdays at 9:00 a.m. but, check with Court Clerk for exact dates.

Motion practice pursuant to CPLR and original papers (including affidavits of service) to be provided to the Court simultaneously. All papers must be received by the Court at least two (2) business days before the return date. Late submissions may result in an adjournment at the Court’s discretion or refusal by the Court to consider the untimely submission.

Adjournments are granted upon consent of opposing counsel, but if counsel refuses, the Court has a liberal adjournment policy of motions made within the minimum time limits of the CPLR and will grant an adjournment upon request even if opposed. This is especially true if the papers were hand delivered to opposing counsel before a weekend or before a holiday and for summary judgment motions. Counsel should keep in mind the rules of civility. Motions must be adjourned to a specific date; general adjournments will not be permitted. Requests for adjournment of motions where opposing counsel does not consent should be made by conference call to the Court.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution. Letters between counsel are insufficient. There must have been a conversation between counsel to attempt to resolve discovery disputes. Summary judgment motions must be timely made pursuant to CPLR 3212 (a).

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant. Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

All requests for TROs must comply with Uniform Rules for Trial Courts §202.7(f). Requests for TROs on cases assigned to another judge will be considered only upon approval of the IAS judge or his/her law clerk except in cases where both are unavailable.

CONFERENCES:

Civil:
Pretrial conferences will be scheduled upon the Court’s receipt of an RJI and/or calendar Note of Issue. Pleadings and a brief summary of the case in letter form are required in advance of the conference. Any request for an adjournment shall be made to the Judge’s secretary and confirmation of all adjournments and notice of rescheduled dates must be made in writing to all parties and the Court.

Matrimonial:
Preliminary conferences scheduled pursuant to Matrimonial Rules. One adjournment without Court permission; thereafter, prior consent of the Court required.

TRIALS AND REFERENCES:

Adjournments are granted by permission of the Judge only. Deadlines on expert disclosure shall be set by the Judge on a case by case basis. Pleadings and list of witnesses (both expert and lay) should be sent to the Court one (1) week in advance of jury selection. (Exception in medical malpractice cases for expert name disclosure.) Motions in limine to be submitted prior to jury selection and heard thereafter as scheduled by the Court. Proposed requests to charge and verdict sheets shall be submitted on the first day of proof. The Court’s preference is to receive these by e-mail with the requests attached. They may be supplemented upon the conclusion of proof. Charge conference by informal discussion to be held at or near close of proof with results put on the record upon request.

Pre-trial memoranda for matrimonial and other non-jury trials to be served and submitted to the Court two (2) weeks before the first day of trial.

References will be made to the Law Clerk to hear and report in matrimonial actions on stipulation regarding contested economics, post-divorce arrears and post-divorce modifications. References to JHO’s to hear and determine or hear and report on any issue upon consent of all parties.

SPECIAL REQUIREMENTS ON POLICY LIMITS CASES:

If a case with a value in excess of the policy limits is being settled for available insurance coverage be prepared to submit an affidavit from the insured detailing their knowledge of insurance coverage, an affidavit from counsel offering the policy limits detailing their activities in ascertaining the existence of all available insurance coverage, and an affidavit from a principal with the insurance company swearing they have no knowledge of any other insurance coverage.