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Civil Term - Part Rules, Part 32, Courtroom 140


Justice Charles J. Markey
25-10 Court Square
Long Island City, NY 11101
Chambers Phone: (718) 298-1615
Courtroom Phone: (718) 298-1617
Law Secretary: Howard L. Wieder, Esq.
Secretary/Assistant: Ms. Sonya Turane-Shepherd

Preliminary and Compliance Conference | Motions | Trials | Uncontested Matrimonials

 

Preliminary and Compliance Conference

All preliminary and compliance conferences are held in Jamaica, and not before Justice Markey.

All preliminary conferences of cases assigned to Justice Markey will be held before a court appointed referee in room 314 of the Jamaica courthouse, on Mondays at 11:30 A.M. The telephone number for the P.C. Part is 718 298-1046.

All compliance conferences of cases assigned to Justice Markey will be held before Justice Ritholtz in room 313 of the Jamaica courthouse on the assigned date in the P.C. order. The telephone number for the Compliance Conference Part is 718 298-1093.

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Motions

All motions should be made returnable ONLY on a Thursday, 11:30 am, in Part 32, Room 140, at 25-10 Court Square, Long Island City, NY 11101.

NO adjournments will be granted on the telephone. Applications for adjournments on consent or otherwise will be entertained only at the call of the calendar and will not be entertained by mail, fax, or by telephone. ONLY WITHDRAWALS of motions - not adjournments -  may be communicated by Fax to Chambers until 10:30 A.M. of the return date.  The fax number to Justice Markey's Chambers is 718-520-7379. Adjournments on consent will be allowed upon written stipulation and are limited to two such adjournments. All adjournment stipulations must contain the signatures of the individual attorneys consenting to the adjournment. Members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance.

Where personal appearance is not required under these rules, a lawyer’s service may answer the call of the calendar.

The answering papers, including cross-motions, affirmations in opposition and reply affirmations, will be accepted only on the return date in the Part.

THE COURT WILL NOT CONSIDER PAPERS SENT TO CHAMBERS OR TO THE PART AFTER SUBMISSION OF THE MOTION NOR CROSS MOTIONS THAT DO NOT HAVE PROOF OF PAYMENT OF THE APPROPRIATE FEE. (CPLR §8020(a)).

All motions, except those made by order to show cause and those concerning discovery, are deemed submitted. If the Court requires oral argument on substantive, non-discovery motions, counsel will be alerted.

Personal appearance is required only for orders to show cause and ALL discovery motions. If counsel cannot reach an agreement on a discovery dispute, the Court will hold a conference and make a recommendation which will be set forth in a written order, expeditiously.

On all motions that are "E-filed", Justice Markey requires a hard copy of the complete papers, including all exhibits. If, on the return date of the motion, counsel has failed to provide a hard copy of the motion or responsive papers, the Court will either mark off the motion, or, in the case of opposition papers, consider the motion as unopposed.

All responsive papers are to be submitted on the call of the calendar. Responsive papers cannot be delivered or faxed to Chambers without the express INVITATION by either the Judge or his Law Secretary.  Violators will receive such papers returned to them with a notation that they were UNREAD.

Attempts to hinder, thwart, or obstruct discovery or to direct a witness not to answer during an EBT may incur serious sanctions.

Except upon orders to show cause, if time is needed for reply, that should be arranged between counsel before the submission date. Requests for adjournments of motions must be made to the Court and upon consent.

Counsel are reminded that if a case is settled while a motion is under consideration, they have a duty to alert Chambers immediately of such settlement and the withdrawal of the motion, so as to spare the Court the effort of preparing a decision.

The Court will not mail copies of decisions. They will be available either online at WebCivil_Supreme or at the County Clerk’s Office in Jamaica.

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Trials

Requests for Interpreters. Any request for an interpreter for the trial must be clearly and IMMEDIATELY communicated, not only to the Part Clerk, but to the Judge and to the Judge’s Law Secretary.

Bifurcated Trials. Tort actions are generally bifurcated. The Court expects, unless advised previously by counsel, that any trial on damages will follow immediately after a verdict finding a defendant liable.

Be Prepared. Prior to jury selection, counsel is cautioned to ascertain the availability of all witnesses and subpoenaed documents. Plaintiff’s counsel shall requisition the file and deliver it to the Courtroom as soon as possible after assignment of the case to Part 32. Counsel must advise the Court, Part Clerk, and Court Officer of any special needs, e.g., easels, blackboards, shadow boxes, television, subpoenaed material, etc., in advance, so as not to delay the progress of the trial.

Marked Pleadings Plus: Plaintiff’s counsel shall furnish the Court with copies of marked pleadings, the bill of particulars, and a copy of any statutory provisions, including the NYC Administrative Code and the Traffic Regulations of the City of New York, in effect at the time the cause of action arose, upon which either the plaintiff or defendant relies.

IN LIMINE Motions: All oral motions in limine must be supported by a written memorandum of law, with citations to cases and treatises of evidence law. In addition, counsel MUST provide the court with photocopies of those cases and pages from evidence law treatises PROVIDED that an exact copy of same is provided to opposing counsel.

In ALL cases involving expert testimony, counsel shall provide the Court with a Glossary of Terms likely to be used during the testimony.

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Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk in Jamaica, and NOT directly to Chambers.

This Court takes seriously its duty to protect children in calculating child support. Unsupported deviations from the guidelines will result in rejections and thus delay the sought judgment of divorce. Radical deviations from child support guidelines must be thoroughly explained in an affidavit of a party, without resorting to conclusory language and in an attorney’s affirmation. This Court expects counsel and any divorce service to take seriously their roles in reporting incomes honestly and calculating child support pursuant to the guidelines.

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