All telephone inquires concerning matters pending in IAS Part 23, Civil Term of the Supreme Court, County of Queens, Honorable Roger N. Rosengarten presiding, will be made directly to the Part at telephone number (718) 298-1094. Contact with chambers will not be made unless so directed after contacting the Part at the above listed telephone number.
Preliminary Conference
A preliminary conference shall be scheduled (1) automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b), or (2) upon filing a written Request for a Preliminary Conference with the 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.
All preliminary conferences will be held on WEDNESDAY at 11:30 a.m. at the Preliminary Conference Part, Room 314 of the courthouse, 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.
Compliance Conferences
Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Ritholtz in Room 313.
Motion Practice
The Motion Calendar will be called every Wednesday at 9:30 a.m. promptly. A second call will follow at l0:30 a.m.
All motions relating to any phase of discovery and/or bill of particulars; including motions to preclude, strike or restore a case to the Trial Calendar, motions to vacate the Note of Issue, or requesting Article 78 relief requires personal appearance by counsel for all parties. Counsel should be prepared to discuss and agree upon a discovery schedule. Furthermore, personal appearance is required for summary judgment motions and motions which have been brought by an Order to Show Cause. All other motions and applications may be submitted on papers only.
Oral argument will be entertained only in the court's discretion. Whenever a personal appearance is not required use of calendar service is permitted both to submit papers and to request counsel adjournments, which will be limited to two. The first adjournment on consent will be allowed upon written stipulation. All stipulations must contain the signature of the attorney consenting to the adjournment. A form which contains only the name of the firm on the stipulation will not be accepted.
Thereafter, attorneys seeking a further adjournment must appear. In any event, adjournments will be limited to two absent extenuating circumstances. Do not call the Part or Chambers for adjournments as no adjournments will be granted on the telephone. Use service or mail. The members of the Bar are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance.
The Court further directs that any attorney appearing on a case for any purpose must be familiar with the case, ready, and authorized to resolve any and all issues.
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