New York Courts dot gov
New York StateUnified Court System

Civil Term - Part Rules, Part 34, Courtroom 304


Justice Robert J. McDonald
25-10 Court Square
Long Island City, NY 11101
Chambers Phone: (718) 298-1661
Courtroom Phone: (718) 298-1652
Law Secretary: James A. Dollin
Secretary: Dana Bahrey

Preliminary Conference | Compliance Conference | Motions | Trials | Settlements and Discontinuances | Infant's Compromise Orders | Uncontested Matrimonials

 

Preliminary Conference

A preliminary conference shall be scheduled automatically by the Court within forty-five (45) after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or upon filing a written Request for a Preliminary Conference with the Jamaica Clerk’s Office, Room 140, in compliance with 22 NYCRR 202.12(a); or an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

Preliminary conferences are held in the Jamaica courthouse not the Long Island City courthouse.

All preliminary conferences will be held on Wednesday at 9:30 a.m. at the Preliminary Conference Part, Room 3002 of the Jamaica courthouse located at 88-11 Sutphin Blvd., Jamaica, NY, and they 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 ordered. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

back to top

Compliance Conference

Conferences shall be held before Justice Ritholtz in Room 313 at the Jamaica courthouse, not the Long Island City courthouse.

Compliance conferences shall be held on the date scheduled in the Preliminary Conferences Stipulation and Order. Any inquiry pertaining to compliance conferences shall be made to the Compliance Conference Part at 718-298-1093.

back to top

Motion

Motions noticed after October 1, 2012, shall be made returnable, Monday through Friday, in the Centralized Motion Part located at the Jamaica courthouse, 88-11 Sutphin Boulevard, Jamaica, NY 11435, Courtroom 25 at 2:15 p.m.

Please refer to the Centralized Motion Part Rules, located at:

http://www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf

All questions concerning motions should be directed to the Centralized Motion Part office at 718-298-1728. All motions that were returnable through and including September 27, 2012 that have been adjourned shall continue to appear on the Part 34 Motion Calendar in the Long Island City courthouse, 25-10 Court Square, Long Island City, NY 11101 on Thursdays at 11:30 a.m.

back to top

Trials

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. Counsel must also know the availability of all witnesses who they intend to call during trial.

On the first appearance in the Part for trial, any party intending to make a motion in limine shall make such motion orally but may submit a memorandum of law in support of the application. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy. Any written motions in limine require proof of payment of the appropriate fee.

The trial will be conducted on a continual daily basis until its conclusion. No adjournments or delays during trial will be accepted unless exigent circumstances exist.

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 the defendant liable.

Prior to coming to the Part, plaintiff’s counsel shall requisition the file from the County Clerk and deliver it to the Part Clerk. Counsel must advise the Court, Part Clerk and Court Officer of any special needs, e.g., interpreters, easels, shadow boxes, television, VCR, etc., in advance, so as not to delay the progress of the trial.

The Court encourages that trial exhibits be pre-marked for identification and, where possible, stipulate to the admissibility of clearly admissible documents and records.

Counsel should alert the Court at the pre-trial conference as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses and any other practical problems that the Court should consider in scheduling.

back to top

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 of settlement 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]).

back to top

Infant's Compromise Orders

Before submission of an infant’s compromise order, counsel shall obtain from the clerk of Part 34 an infant’s compromise checklist to ensure the submission of all necessary information and documentation. Proof of payment of any appropriate fee is required.

back to top

Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted to the Matrimonial Clerk in Jamaica, not Long Island City 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 slow down the sought after judgment of divorce. Deviations from child support guidelines must be thoroughly explained in an affidavit of the party, without resorting to conclusory language, and in the attorney’s affirmation.

back to top