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Civil Term - Part Rules, Part 59, Courtroom G-40


Justice Rudolph E. Greco, Jr.
25-10 Court Square
Long Island City, NY 11101
Chambers Ph: (718) 298-1608
Courtroom Ph: (718) 298-1668

Preliminary Conference | Compliance Conference | Matrimonial Motions | Pre-Trial Conferences | Trials | Appearances and Adjournments | Judgements | Miscellaneous

Unless otherwise directed by the Court, appearance of counsel and their clients is mandatory on all matrimonial matters including, but not limited to motion calendar calls, preliminary conferences, compliance conferences, pre-trial conferences and all other Court-ordered conferences.

Calendar call is at 10:00 a.m.  Second calendar call is at 11:00 a.m., unless the matter is scheduled as a time certain.  Please be prompt for all appearances.

Communication with the Court between Court dates is by telephone conference only.  If you are unable to obtain the cooperation of opposing counsel or opposing party, pro se, to place a conference call, you may call the Law Secretary and request assistance in setting up a conference call.

 

Preliminary Conferences

Preliminary conferences shall be held on Wednesdays.  The Calendar call is 10:00 a.m.

Prior to the call of the preliminary conference calendar, counsel and/or pro se litigants will be completing the preliminary conference order.

Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service of the summons unless an affidavit of no necessity is filed, in which case, the RJI shall be filed within 120 days.

Net worth statements with required documents, including parties= recent pay stubs or W-2 and attorney's retainer statement, are to be filed with the Court (10) days prior to the conference date with a courtesy copy being presented at the Preliminary Conference.  The appearance of the parties is required at the Preliminary Conference.

Preliminary Conferences must be conducted within forty-five (45) days after assignment of the action.  The Court will not grant adjournments of preliminary conferences beyond the forty-five (45) day period.

Absent submission of a fully completed net worth statement by the moving party, applications for financial relief will be denied without prejudice.

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Compliance Conference

Compliance conferences shall be held on dates as scheduled by the Court.  The Calendar call is at 10:00 a.m.

Before the call of the compliance conference calendar, counsel and/or pro se litigants will begin completing the compliance conference order.

Failure to comply with discovery or preliminary conference orders shall be brought to the Court's attention by conference call to Chambers prior to the compliance conference.

Counsel attending the conference must be fully familiar with and authorized to settle, stipulate or dispose of such actions.

A Note of Issue shall be filed in accordance with the Compliance Order or other order of the Court.

Counsel and their clients must appear at the compliance conference.

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Matrimonial Motions

Motions shall be heard on Thursdays.  The Calendar call is 10:00 a.m.

Motions shall be made returnable only on the part's motion day.  All motion papers (including opposition and reply) must state the motion sequence number on the first page.  To reduce the need for motion practice, counsel are encouraged to contact the Court by conference call prior to filing a motion.  Oral argument is required on all motions unless dispensed with by the Judge.

The Court does not accept Courtesy copies of motion papers unless by Court's approval.

Pursuant to the CPLR, after argument of an application or submission of a motion, sur-replies, memoranda and letters addressed to the substance of the pending application will not be considered without prior permission of the Court.

If a motion has been brought by Order to Show Cause, the movant must submit the affidavits of service on the return date.  Copies of the Family Court petition and any existing orders must be submitted with applications to consolidate.

Any motion pending upon the settlement of the case will be deemed withdrawn unless explicit provision is made for its preservation.

All exhibits shall be clearly marked and tabbed or papers will be rejected and returned to counsel.  Any application related to child support shall include a Child Support Standards Act worksheet.

Counsel and parties are required to appear personally on all motions.

Initial post-judgment applications shall be brought by Order to Show Cause.  In the event that there is a post-judgment application pending, further application must be made by Notice of Motion or Cross-Motion.

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Pre-Trial Conferences

All attorneys participating in the Pre-Trial Conference must be fully familiar with and authorized to settle such action.  All counsel must provide the court with:

1.  Pre-proof filing of Note of Issue;
2.  Statements of proposed disposition;
3.  Updated net worth statement, with the last three (3) years tax returns; and
4.  Child support worksheet, if applicable

In the event that the Matrimonial action remains unresolved at the conclusion of the pre-trial conference, the matter will be set for a firm trial date before this Court or a Judicial Hearing Officer.  Once a case has been assigned a trial date, it is presumed ready for trial.

Pursuant to 22 NYCRR 2-216(g), all expert reports are to be exchanged and filed with the Court sixty (60) days before the date set for trial.  Reply reports, if any, shall be exchanged no later than thirty (30) days before said date.

Pre-trial Orders shall be provided to the Court no later than ten (10) days prior to the date of trial, if not previously provided at a pre-trial conference.

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Trial

Trials and hearings will be held on Mondays, Tuesdays and Fridays.  Parties and Children's Attorneys may only use, on their direct case, evidence that is listed on their respective pre-trial exhibit lists and witnesses who are listed on their respective pre-trial witness lists.  Evidence and witnesses not appearing on the pre-trial exhibit and witness list are permitted on cross and rebuttal, where appropriate.

Cases placed on the Trial Calendar with a firm date will not be adjourned unless counsel is actually engaged on trial and provides an affirmation with specific details pursuant to Court rules attesting to that fact. Failure to be ready to proceed to trial may result in a judgment of default or dismissal of the action.

Chambers shall be notified in writing by all sides immediately if the action is resolved prior to the scheduled trial date.

Copies of trial memoranda/decisions will be mailed to counsel and self-represented litigants.  A self-addressed, stamped envelope must be provided to the Court at completion of trial.

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Appearances and Adjournments

At the time of calendar call or check in, the Court shall be notified of any Orders of Protection.

Notification for Court Interpreter Services shall be made to the court as soon as practicable, but not less than 24 hours prior to first court appearance.  At time of calendar call or check in, the Court shall be reminded that court Interpreter Services are needed.

A notice of appearance shall be filed in the Office of the County Clerk and the Matrimonial Office with a courtesy copy to Part Clerk.

Two business cards are to be submitted to the Court at the first appearance.

Counsel must notify their adversary of any intention to seek an adjournment, and if possible, to obtain consent of all parties.  Adjournments may be sought by telephone conference call with the Law Secretary, Associate Law Secretary, or Part Clerk, to be followed by a written stipulation confirming the date.  The stipulation shall be faxed to the Chambers at least one (1) day prior to the scheduled appearance date.  All adjournments are subject to final approval by the Judge in advance of a court date and per rules.

All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 with specific details of the Rules of the Chief Administrator of the Courts.  Affirmations of Actual Engagement with specific details must be faxed to the Court at least one (1) day prior to the Court appearance.  Litigants who are represented by counsel must communicate with the chambers staff through their counsel only.

No calls should be placed to chambers unless at the instruction of the Court.

No ex parte communication with Court.

Minor children are not permitted in the courtroom, except by permission of the Court.

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Judgements

All judgments shall include a completed copy of the Matrimonial Clerk's Office's contested judgment checklist, indicating all necessary attachments.

After trial, parties and the child's attorney, if any, shall submit post-trial proposed findings of fact and conclusions of law, with copies on computer disk or email attachment in Word Perfect format.

Pursuant to 22 NYCRR 202.48, proposed judgments with proof of service on all parties must be submitted for signature, within sixty (60) days, unless otherwise directed by the Court.

Pursuant to the Domestic Relations Law, the Court will conduct statutory registry checks and advise counsel and parties of all results in writing.  If further inquiry is required, the Court may require an appearance by parties and counsel.

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Miscellaneous

Parties with unemancipated children should be aware that the Justice may assign the parties to the P.E.A.C.E. program or to consult with Andrew Weinstein, MSW, the Court's Family Counseling and Case Analyst (Tel. #718-298-1224).

All parties must be properly attired.

Electronic equipment such as beepers, cellular phones, radios, etc., must be turned off while in the Courtroom.

If a party or counsel is required to appear in another Courtroom, they must advise the Court Officer or Clerk of the part where they are going, how they can be reached, and when they will return.

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