Complinace Conference Days | Part Rules

Assigned Justices:

Justice Augustus C. Agate
Supreme Court, Queens County
88-11 Sutphin Blvd.
Jamaica, NY 11435
718-298-1186

Justice David Elliot
Supreme Court, Queens County
88-11 Sutphin Blvd.
Jamaica, NY 11435
718-298-1119

Presiding Court-Attorney-Referee:

Leonard N. Florio, Esq.
Supreme Court, Queens County
88-11 Sutphin Boulevard
Jamaica, New York 11435
Courtroom 42A

Conference Days:

The Residential Foreclosure Part shall sit on Wednesdays and Thursdays in Courtroom 42A. Conferences shall be conducted when all sides are present, with check-in to commence at 9:30 a.m. with the Part Clerk. IF YOU MUST COVER ANOTHER PART, LEAVE YOUR NAME AND CELL NUMBER WITH THE PART CLERK SO THE PART MAY CONTACT YOU WHEN THE REMAINING PARTIES HAVE ARRIVED.

Part Rules:

These rules apply to those actions that are subject to the foreclosure legislation and/or CPLR 3408.

1. All residential foreclosure actions that are filed must include the following language in the Complaint: Plaintiff must plead whether this action involves a residential, one-to-four family, owner-occupied property upon which the mortgage is considered subprime, high-cost or nontraditional; whether plaintiff has served the homeowner with a 90 day notice as per legislation; and plaintiff must plead that it has a current, valid assignment of the mortgage.
2. Upon filing the affidavit of service of the summons and complaint with the County Clerk, plaintiff must submit a Request for Judicial Intervention for a Settlement Conference in Residential Foreclosure Actions.
3. Pursuant to CPLR 3408, this Part shall conduct a mandatory settlement conference for the purpose of holding settlement discussions pertaining to the relative rights and obligations of the parties under the mortgage loan documents, including, but not limited to: determining whether the parties can reach a mutually agreeable resolution to help the defendant avoid losing his or her home; evaluating the potential for a resolution in which payment schedules or amounts may be modified or other workout options may be agreed to; and for whatever other purposes the court deems appropriate.
4. Poor Person Applications: At the initial conference, any defendant appearing pro se shall be deemed to have made a motion to proceed as a poor person, and the court shall determine whether such permission shall be granted. If the court appoints defendant counsel, the court will adjourn the conference to a date certain for appearance of counsel and settlement discussions pursuant to subdivision (a) of CPLR 3408, and otherwise proceed with the conference.
5. Appearance by the Parties: At any conference held pursuant to CPLR 3408, the plaintiff, in the absence of written permission of the Part permitting a representative to attend the settlement conference telephonically or by video-conference, shall appear in person or by counsel, and if appearing by counsel, such counsel shall be fully authorized to dispose of the case. The defendant shall appear in person or by counsel. If the defendant is appearing pro se, the court shall advise the defendant of the nature of the action and his or her rights and responsibilities as a defendant.
6. Defendant pro se does not waive his or her jurisdictional defenses by appearing at the foreclosure conference. Any and all statements made, whether oral or written, and any and all information exchanged at the conference, shall be solely for the purposes of resolution and settlement and shall not be deemed to be admissions of any party with respect to the underlying action.
7. Plaintiff should attend the conference prepared to discuss the loan amount, default amount, payoff amount, and whether the lender is subject to the Making Homes Affordable Program. Plaintiff may be asked to provide evidence of the status of defendant’s modification paperwork and should have telephone access to its client to address any of the Court’s issues. Plaintiff should be aware that a case may be adjourned numerous times at the Court’s discretion in order for plaintiff to demonstrate compliance with the above.
8. Defendant should attend the conference prepared to discuss the following: whether the property is residential or commercial, defendant’s financial status, the cause of defendant’s default in paying the mortgage, and provide documentation to the Court if requested, and to plaintiff to evaluate the possibility of a loan modification.
9. Adjournments: Either party may request one adjournment of a matter, which will generally be granted by the Court. After the first adjournment, all further requests are in the Court’s discretion.
   The Part may be contacted via telephone to advise that an action has been settled, discontinued or otherwise disposed of. No adjournments will be granted via telephone.
10. Applications to Judges: If a legal issue arises during the foreclosure conference, either party may request a review of said issue by one of the two assigned judges. The party requesting the review must clearly state to the referee the reason for the request and provide the opposing party with an opportunity to respond. The referee will then contact the assigned judges and schedule a hearing on the issue with notice to the parties. However, the assigned judges may decline to hear the issue, if they believe that it is not legal in nature, at which time the referee will issue a ruling on the issue.
11. Further Proceedings: If the referee deems that a matter should proceed with litigation, an order will be issued indicating that the matter has not been settled and the parties may proceed with litigation. Any subsequent motions or applications will then be made to the assigned IAS judge and must contain a separate statement from the moving party, affixed to the front of the application, that the action does or does not fit the criteria for inclusion in the Residential Foreclosure Program. Effective May 1, 2009, any application submitted to the Court involving a foreclosure action, where a mandatory settlement conference was held pursuant to CPLR 3408, must also contain a copy of the Residential Foreclosure Conference Order affixed to the front of the application. If a party wishes to obtain information with regard to the status of the case, it may contact the Foreclosure Conference Part or access the computers in the County Clerk’s Office.
12. Any questions should be directed to the Foreclosure Conference Part by telephone at 718-298-1092.