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Civil Term - Part Rules, Part 19, Courtroom 44A


JUSTICE ERNEST F. HART

Courtroom 44A
Phone: 718-298-1126
Part Clerk: Kaye Messam-Reno
All motions are returnable in the Centralized Motion Part (CMP), Courtroom 25, Monday through Thursday at 2:15 p.m. and Fridays at 11:00 a.m.

Chambers Mailing Address
New York State Supreme Court, Queens County
88-11 Sutphin Boulevard
Courtroom 44A
Jamaica, New York 11435
Law Secretary: Louisa Chan, Esq.
Secretary: Debra Konecko Phone: 718-298-1104


DO NOT SEND CORRESPONDENCES OR MAKE ANY INQUIRES VIA E-MAIL TO THIS PART.

Counsel, with knowledge of the case and with full authority to settle, enter into binding stipulations or try the case, must be present in Court to answer the motion calendar or trial calendar, where applicable. This applies as well to parties representing themselves in a pro se capacity.

 

Preliminary Conferences | Initial Motion Procedure | Motion Papers | Settlements and Discontinuances | Compliance Conferences | Infant's Compromise Orders | Ex Parte Orders | Trials

 

Conference & Trial Rules under the Early Intervention Program for Medical Malpractice Cases in which NYC Health & Hospitals Corp. is a Defendant – Part 10

At All Conferences: Appearance of Counsel for the respective parties is MANDATORY. No telephone conferences will be conducted, and no telephone calls, letters or faxes to chambers will be accepted at any time unless requested by the Court. Counsel must be fully familiar with the file and have authority to discuss settlement, trial scheduling and any outstanding pre-trial procedural matters including CPLR 3101(d) matters and to make binding stipulations and commitments. All cases shall be conferenced by the Court. At the conference the Court shall also consider the items set forth in 22 NYCRR 202.26(c). Parties shall comply fully with the requirements of 22 NYCRR 202.26(e).

 

Preliminary Conferences

A preliminary conference will only take place (1) after a written Request for a Preliminary Conference accompanied by an affirmation of good faith is filed with the clerk’s office (Room 140) in compliance with Uniform Rule 202.56, 202.16 and 202.60).

All preliminary conferences shall be held on Thursdays at 9:30 a.m. at the Preliminary Conference Part, Room 314, of the courthouse, and are presided over by the court-appointed referee, unless otherwise directed by the court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal.

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Initial Motion Procedure

ALL MOTIONS NOTICED TO BE HEARD ARE RETURNABLE IN THE CENTRALIZED MOTION PART (CMP). All parties are required to comply with both the CMP Rules and the Part 19 Rules regarding “Motion Papers”. THE COURT WILL NOT CONSIDER PAPERS SENT TO CHAMBERS OR TO THE PART AFTER SUBMISSION OF THE MOTION. No motion relating to disclosure or a bill of particulars will be accepted without an affirmation of good faith as regulated by Uniform Rule 202.7.

All questions regarding motions returnable in the CMP shall be directed to the CMP at (718) 298-1728.

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Motion Papers

All motion papers submitted shall be in compliance with 22 NYCRR § 202.5, concerning papers filed with the court. In addition to the requirements of 22 NYCRR § 202.5, all pages are to be numbered and all paragraphs are to be numbered. All exhibits are to be proceeded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from separating from each other and becoming lost. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION. The Motion Sequence Number must be on the first page of all submissions. Except in extraordinary cases, motions are to be limited to twenty (20) pages.

Any party annexing a deposition transcript in excess of one hundred (100) pages as an exhibit to a motion, shall submit such transcript on a disc, in lieu of paper, with the motion.

Any party who files a motion and/or opposition thereto pursuant to the NYS Courts Electronic Filing (“E-Filing”) shall provide this Court with working copies of the documents filed electronically, which shall be submitted to the CMP Clerk on the first noticed return date of the motion. Each working copy shall include, firmly affixed thereto, a copy of the Confirmation Notice received from the NYSCEF site upon the electronic filing of such document (22 NYCRR § 202.5-b(d)(3)(ii).

Orders to show cause filed pursuant to the NYS Courts Electronic Filing (“E-Filing”) shall provide this Court with working copies of only supporting affidavits as soon as possible upon the electronic filing of such document. Such working copies shall be delivered to Chambers.

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION/DENIAL OF THE OFFENDING SUBMISSION.

The moving papers, with an affidavit of good faith where required by Uniform Rule 202.7, shall be filed with CMP by following its procedures and as required by law.

Orders to show cause must comply with Uniform Rule 202.7 (d) and be brought to the Ex Parte Support Office (Room 140) prior to judicial review, signature, and fixing of a return date. Appearance requirements for orders to show cause are the same as listed for all other motions.

Prior notice to chambers are not required to bring a motion in IAS Part 19. COUNSEL SHALL NOT CALL CHAMBERS TO CHECK ON THE STATUS OF ANY MOTION.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. All stipulations of discontinuances must be accompanied by proof of payment of the appropriate fee. (CPLR § 8020(d)(1)).

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Compliance Conferences

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Joseph Esposito in Room 313.

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Infant's Compromise Orders

Submission of an Infant’s Compromise Order must include the Part 19 checklist, which must be completed and attached to the papers. The Infant’s Compromise Checklist can be obtained from the part clerk of Part 19 prior to submission, and any orders sent to Chambers without the completed checklist will be returned to counsel. Infant’s Compromise hearings will be scheduled by the Court and the parties will be notified of the court date by the part clerk.

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Ex Parte Orders

If a written decision by this Court directs that an order be submitted, such order must be brought to the Ex Parte Support Office (Room 140) prior to judicial review and signature.

Trials

Matters assigned to this Part will be tried, to the extent possible, in chronological order. Trial dates will be set as far in advance as practicable.

All counsel must submit to the court, prior to the commencement of trial, marked pleadings, a copy of the Bill of Particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet.

Motions in Limine – On the first appearance in the Part for trial, any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.

The trial will be conducted on a continual daily basis until conclusion.

No adjournments or delays during trial will be allowed unless exigent circumstances exist.



Inquiries

All inquiries as to the case or calendar status shall be made to the appropriate clerk’s office. The only inquiries to be made directly to the Chambers or the Part should be those involving the immediate exercise of judicial discretion.

 

 

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