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FORMAL ANNOUNCEMENTS 
AND INFORMAL NOTICES
OF INTEREST


POST-NOTE NON-JURY CASES

Beginning July 7, 2014, post-note-of-issue non-jury cases pending in Supreme Court, Civil Branch, New York County that bear calendar numbers issued in 2013 (not including Commercial Division cases) shall appear for a conference in a special Non-Jury Mediation Part. This Part will be conducted in Room 300 at 60 Centre Street in Manhattan two days each week, beginning in the morning at 9:30 AM and in the afternoon at 2:15 PM. Appearances will be staggered. Counsel will be informed of the date and time of an appearance scheduled in the Non-Jury Mediation Part by mail notice and by e-mail notification from the court system’s e-Track case notification service. Calendars for the Part will also appear in the New York Law Journal. Attorneys who do not have an e-Track account or whose non-jury cases are not recorded in the e-Track system may create an account and enter case information therein and enable themselves to receive an e-Track e-mail message by going to the following address:

https://iapps.courts.state.ny.us/webcivil/etrackLogin

There is no charge to use the e-Track service.

Conferences in the Non-Jury Mediation Part will be conducted by Court Attorneys Dean Leslie, Esq. and Michelle Kern-Rappy, Esq. The Court Attorneys will review the status of each case and determine whether settlement discussions may be productive. If it is concluded that settlement discussions may prove fruitful, the case will be scheduled for a subsequent appearance in the Part for that purpose. After all proceedings in this Part have concluded, if a case has not been settled, its status will, without need for further appearance by counsel, be reviewed by the Administrative Judge, who will see to it that a date for trial in 2015 is assigned to the case.

June 25, 2014

 


 

COURT NOTE
Differentiated Case Management Program

The back office functions of the Differentiated Case Management (“DCM”) program for City and Motor Vehicle cases have been moved to the New York County Courthouse at 60 Centre Street from 80 Centre Street. This represents a change in the location of clerical activities; the DCM program, however, will continue to issue in City and Motor Vehicle cases, without need for an appearance in court, the standard-form case scheduling orders that have been used for years; will continue to receive and respond to telephone inquiries with regard to City and Motor Vehicle cases; and will continue to schedule and conduct compliance conferences in the DCM courtroom at 80 Centre Street (Room 103). Thus, the change in the location of clerical functions of the DCM program will not alter substantially the way in which counsel have dealt with the program. The goals of the DCM program likewise remain unchanged - - to promote efficiency and expedition in the processing of City and Motor Vehicle cases, to reduce motion practice, and to minimize the need for counsel to make appearances in court in these cases, to the benefit of all counsel, their clients, and the court. The phone numbers for the DCM program are: City Case DCM: 646-386-3683 Motor Vehicle Case DCM: 646-386-3682 DCM Courtroom: Room 103, 80 Centre Street 646-386-3683 Counsel are reminded that dates fixed for compliance conferences in these cases and other information about them, as well as the scheduling orders themselves, can be found in the court’s Supreme Court Records On-Line Library (“Scroll”), which is accessible on the court’s website (www.nycourts.gov/supctmanh under “Case Information”) at no charge. To obtain e-mail notification of the scheduling of compliance conferences and other developments in these cases, counsel should sign up for the court system’s notification service, e-Track, which can be accessed at the following address: https://iapps.courts.state.ny.us/webcivil/etrackLogin. There is no charge for the e-Track service.

Designation of Justice Ling-Cohan to the Appellate Term

Effective as of March 11, 2014, the Honorable Doris Ling-Cohan has been appointed a Justice of the Appellate Term, First Department. Justice Ling-Cohan will also continue to preside over cases that were assigned to her as of that date in Part 36, Supreme Court, Civil Branch, New York County. The courtroom and phone number of Part 36 will remain unchanged.

April 8, 2014


 

REDEDICATION OF 1828 BUST OF THOMAS ADDIS EMMET, ESQ.

On Thursday, April 24, 2014, at 12:45 PM, a ceremony will be held rededicating the recently-restored bust from 1828 of Thomas Addis Emmet on the 250th anniversary of Mr. Emmet’s birth. Mr. Emmet was a prominent advocate for freedom and republican government in Ireland in the late 18th century and the brother of the famous Irish patriot Robert Emmet. Exiled to this country, Thomas Emmet became one of the leading attorneys in the City and State of New York and the United States. He argued many cases before the state’s highest court, was counsel in the seminal U.S. Supreme Court case of Gibbons v. Ogden, and served as Attorney General of the State of New York. This event is sponsored by the Supreme Court, Civil Branch, New York County, Hon. Norman Goodman, County Clerk of New York County, the Irish American Bar Association of New York, the Historical Society of the New York Courts, the Brehon Law Society, and the Cultural Diversity Committee of the Supreme Court, Civil Branch, New York County and the New York County Clerk’s Office.

April 4, 2014


 

ROOM AND NUMBER CHANGES

The Chambers of Justice Shirley W. Kornreich have moved to Room 555 at 60 Centre Street. The phone number remains unchanged at 646-386-3363. The fax number of Justice Kornreich (Part 54) has been changed to 212-952-2777. The Chambers of Justice Paul Wooten have moved to Room 649 at 60 Centre Street. The phone number remains unchanged at 646-386-3604. The courtroom of Justice Saliann Scarpulla is now Room 208 at 60 Centre Street (Commercial Division Part 39) . The phone number of Part 39 remains unchanged at 646-386-3275. The courtroom of Justice Shlomo S. Hagler (Part 17) is now Room 335 at 60 Centre Street. The phone number of Part 17 remains unchanged at 646-386-3283. The Chambers of Justice Hagler are now located in Room 631 at 60 Centre Street, with the phone number unchanged at 646-386-5691.

March 7, 2014


 

JUDICIAL REASSIGNMENTS (REVISED AND CONSOLIDATED NOTICE)

The following, which is a revision and consolidation of two notices previously issued, summarizes changes in judicial assignments that are being made in Supreme Court, Civil Branch, New York County. Room numbers referred to are at the New York County Courthouse, 60 Centre Street, unless otherwise indicated.

The Honorable Barbara Kapnick (Commercial Division, Part 39) has been appointed to the Appellate Division, First Department. She will assume that assignment effective February 3, 2014.

Justice Kapnick will be succeeded in Commercial Division Part 39 by the Honorable Saliann Scarpulla. Commercial Division cases in Part 39 assigned to Justice Kapnick will be reassigned as soon as possible to Justice Scarpulla. In the absence of notice given hereafter, Justice Scarpulla will maintain all dates previously scheduled by Justice Kapnick.

Reassignment of General Assignment cases that had previously been assigned to Justice Kapnick in Part 39 is explained below.

Effective January 2, 2014, the Honorable Judy Harris Kluger, who previously presided over the City Medical Malpractice Part (Part 38), has left the bench.

The inventory of Part 38 (City and Hospital for Special Surgery medical malpractice cases, including special proceedings seeking leave to file a late notice of claim in City medical malpractice cases) is being reassigned in equal parts to Honorable Martin Schoenfeld (Part 28) and Honorable George J. Silver (Part 10). Any such cases hereafter commenced shall be assigned to these Parts at random. Conferences in these cases in Part 28 will take place in Room 408 (646-386-3752) and in Part 10 in Room 422 (646-386-3722). Unless otherwise directed hereafter, appearance dates previously set in Part 38 cases shall be maintained by Justices Schoenfeld and Silver.

All tax certiorari cases shall henceforth be assigned to Hon. Martin Shulman (Part 1). Tax certiorari cases previously assigned to Part 55, Honorable Cynthia S. Kern, will be reassigned to Part 1. Condemnation cases currently assigned to Part 1 will remain in that Part. Condemnation cases previously assigned to Justice Kern shall be reassigned to Part 17 (Hon. Shlomo S. Hagler). Condemnation cases hereafter commenced shall be assigned to Part 17. The tax certiorari calendar, which has been conducted on Wednesdays in Room 300, shall be called in Room 408 on Wednesdays at 9:30 AM. For information on tax certiorari cases, attorneys should contact C. Todman, Clerk, at 646-386-3160. Please do not call the Justice or Part assigned.

The Honorable Tanya R. Kennedy, previously assigned to a guardianship inventory in Part 25, will become the Supervising Judge of the Civil Court, New York County. She shall also preside over Part 40 B, a Trial Part, and Part MFP, to which are assigned mortgage foreclosure cases, both previously assigned to Honorable Peter H. Moulton. Proceedings in Part 40 B cases shall be conducted in Room 490 at 111 Centre Street (646-386-3054) and those in Part MFP cases shall be conducted in Room 408 at 60 Centre Street (646-386-3752). Unless otherwise directed hereafter, appearance dates previously set in Part 40 B and Part MFP cases shall be maintained by Justice Kennedy.

The Honorable Robert R. Reed presides over IAS (General Assignment) Part 43. Proceedings in cases assigned to Part 43 shall take place in Room 581at 111 Centre Street (646-386-3238).

Part 25 and the existing inventory thereof shall be assigned to Justice Masley. Proceedings in Part 25 cases shall take place in Room 1254 at 111 Centre Street (646-386-5675). Unless otherwise directed hereafter, appearance dates previously set in Part 25 cases shall be maintained by Justice Masley.

City Part 62, previously assigned to Honorable Geoffrey D. Wright, is being reassigned to the Honorable Frank P. Nervo. The location of Part 62 shall be Room 307 at 80 Centre Street; the telephone number of the Part shall remain unchanged (646-386-3728). Part 62 shall continue to be a paperless electronic filing Part (i.e., motion and other documents for judicial action shall be e-filed, but working copies thereof shall not be filed except when particular circumstances require it, in which case counsel will be advised). Unless otherwise directed hereafter, appearance dates previously set in Part 62 cases shall be maintained by Justice Nervo.

Three new IAS General Assignment Parts are being created. Details regarding these Parts are as follows.

The Honorable Nancy M. Bannon shall be assigned to Part 42. Justice Bannon was previously assigned to Part 42 as a Hybrid Justice, but the Part shall henceforth be a General Assignment Part. Non-jury cases previously pending before Justice Bannon in Part 42 shall remain in the reconfigured Part. The location and telephone number of Part 42 shall be Room 1127 B at 111 Centre Street (646-386-3237).

The Honorable Peter H. Moulton shall preside over IAS General Assignment Part 57. The location and telephone number of Part 57 shall be Room 623 at 111 Centre Street (646-386-3657).

The Honorable Geoffrey D. Wright shall preside over IAS General Assignment Part 47, which shall be located in Room 122 at 80 Centre Street (646-386-3743).

Cases that have been assigned to Justice Scarpulla in Part 19 shall be reassigned as soon as possible to Justices Bannon, Moulton, and Wright. Various General Assignment cases that had been assigned to Honorable Jeffrey K. Oing in Commercial Division Part 48 will be reassigned to Part 47.

General Assignment cases that had previously been assigned to Justice Kapnick in Part 39 shall be reassigned to General Assignment Justices generally.

The following changes in courtroom or chambers locations will shortly take place. Justice Scarpulla’s courtroom in the Commercial Division will be Room 208. The phone number of Part 39 will remain unchanged (646-386-3275). The courtroom of Part 17 (Justice Shlomo S. Hagler) will move to Room 335. The phone number of Part 17 will remain unchanged (646-386-3283). The chambers of Honorable Shirley W. Kornreich (Commercial Division Part 54) will move to Room 555.

Counsel seeking information on individual cases can obtain it at no charge by consulting the Supreme Court Records On-Line Library (“Scroll”), a joint project of the court and the County Clerk of New York County, the Honorable Norman Goodman. The Scroll application can be accessed under “Case Information“ on the court’s website at the following address:

www.nycourts.gov/supctmanh

Through the court system’s case tracking and notification service, E-Track, counsel may receive notification by e-mail regarding court developments in cases assigned to this court, such as notice of the setting or change of court appearance dates, adjournments, filing of motions, decisions, and the like. Counsel may record some or all of their cases pending in this court and in other courts in E-Track. Once a case is so recorded, e-mail notification will be provided whenever information on a development in that case is inputted into the court’s computerized case history program (the Civil Case Information System (“CCIS”)). The E-Track application also allows attorneys to receive in advance e-mail reminder notices about future appearances in their cases. Attorneys are advised to sign up for the E-Track service, for which there is no charge. The address of the application is:

https://iapps.courts.state.ny.us/webcivil/etrackLogin

Counsel are once again reminded that the court no longer provides notification by regular mail of developments in cases pending in the court.

January 10, 2014; Revised February 6, 2014
Revised June 12, 2014 (re. Part 43)

 


 

COMMERCIAL DIVISION - MONETARY THRESHOLD

Chief Administrative Judge Prudenti has issued an Administrative Order that changes, effective February 17, 2014, the monetary threshold in the Commercial Division, New York County set by Uniform Rule 202.70 (a) from $ 150,000 to $ 500,000.

January 30, 2014


 

CHANGE OF NAME OF COURT OFFICE

Effective January 2, 2014, the name of the Motion Support Office (Room 119) will be changed to the “General Clerk’s Office.” This change is a matter of denomination only. The renamed Office will continue to operate in Room 119 and all of its functions and procedures will remain unaltered from what they have been since 2010. The Office will continue to operate the motion submission process, in what will continue to be called the Motion Submission Part Courtroom (Room 130). The Special Referee Clerk will remain in Room 119 M and the New York County E-Filing Department will continue to function in Room 119. There will be no change to the Commercial Division Support Office (Room 119 A) or to the statewide E-Filing Resource Center (Room 119 M). The Motion Support Office is being renamed because the new name more accurately reflects the functions it has carried out since 2010 and will continue to carry out in the future. In 2010, the counter functions of the Trial Support Office were moved to the Motion Support Office. As a result, many non-motion filings in hard-copy cases have since been made in Room 119, such as requests for a preliminary conference, notes of issue, jury demands, and notices of medical, dental, or podiatric malpractice action. The new name of the office will indicate to the Bar and the public that all filings in hard-copy cases, motion and non-motion alike, shall be made in the General Clerk’s Office (Room 119), except for those made in specialized cases or circumstances, such as various filings in guardianship matters (filed in Room 158), uncontested matrimonials (filed in Room 311), or hard-copy Commercial Division cases (filed in Room 119 A), or when the applications are proposed orders to show cause or ex parte applications in hard-copy general cases (non-Commercial Division cases)(filed in Room 315). Filings in e-filed cases shall be made through the New York State Courts Electronic Filing System (“NYSCEF”), as explained in the Protocol on Courthouse Procedures for Electronically Filed Cases (accessible on the website of the court at www.nycourts.gov/supctmanh), and will be routed by NYSCEF to the proper office.

December 2, 2013


 

EXPANSION OF MANDATORY E-FILING - - EFFECTIVE FEB. 19, 2013 (UPDATED NOTICE)

Pursuant to Administrative Order dated February 19, 2013 and effective the same date, in accordance with legislation in 2012 (L. 2012, c. 184), electronic filing through the New York State Courts Electronic Filing System (“NYSCEF”) has been expanded in Supreme Court, Civil Branch, New York County. E-filing is mandatory in all cases commenced in the court on and after February 19, 2013 (except for Art. 78, election law, matrimonial, and Mental Hygiene Law matters). All such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must also serve on the defendant/respondent a Notice of Commencement of Action Subject to Mandatory Electronic Filing (form available on the NYSCEF website (www.nycourts.gov/efile)). Subsequent documents must be e-filed as well.

Court fees are paid to the County Clerk by credit or bank card (Mastercard, Visa, or American Express) through NYSCEF. There are, however, no separate charges to use NYSCEF, file documents with it, serve documents through it, or print out hard copies from it.

Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as those regarding proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website (on the “E-Filing” page at www.nycourts.gov/supctmanh). Counsel are urged to familiarize themselves with the Rule and the Protocol.

A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.

Live training is also available for attorneys and support staff who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attorneys at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Advance registration is required. For further information about training and to register for the course, go to the Training Resources tab on the NYSCEF website.

For additional information about e-filing in New York County, see the NYSCEF website or contact the New York County E-Filing Department, which can be reached at 646-386-3610 or newyorkefile@nycourts.gov.

Please note this important reminder:  The following nine Justices do not require submission of working copies of motion papers except when specifically requested by the Justice in regard to a particular motion: Freed, J. (Pt. 5), Lobis, J. (Pt. 6), Jaffe, J. (Pt. 12), Rakower, J. (Pt. 15), Scarpulla, J. (Pt. 19), Edmead, J. (Pt. 35), Engoron, J. (Pt. 37), Chan, J. (Pt. 52), and Wright, J. (Pt. 62).  Other Justices participating in the e-filing program, however, require that working copies of papers on all motions be submitted, as explained in the Protocol.  It is imperative that such copies be submitted in these working copy Parts and with regard to all motions assigned to such Parts that are returnable in the Motion Support Office Courtroom (Room 130).  Failure to submit working copies will delay the processing of motions and interfere with orderly procedures in the court.  If any required working copy is missing on a motion returnable in Room 130, the motion will be placed on the three-day calendar to await submission of the working copy.  If the copy is still not submitted, the motion file will be transmitted to the Justice assigned for such action as the Justice deems appropriate.

Attorneys who wish to follow developments (e.g., scheduling of a conference or argument, adjournment of a motion) in cases pending in the Supreme Court, Civil Branch, New York County are reminded to register their cases with the court system's case tracking program, e-Track, which issues an e-mail notification whenever a court clerk records a development in a registered case in the court's case history database. There is no charge for the e-Track service.  To sign up, please go to the following address:

http://iapps.courts.state.ny.us/webcivil/etrackLogin

Notifications of various developments and scheduling in pending cases are no longer sent by the court by regular mail.

Feb. 6, 2013 - Revised Feb. 20, 2013

 



HON. STANLEY S. OSTRAU

The Supreme Court, Civil Branch, New York County notes with great sorrow the passing this past weekend of the Honorable Stanley S. Ostrau, former Administrative Judge of the court and Presiding Justice of the Appellate Term, First Department.

Justice Ostrau served as a judge for almost 25 years. He was appointed to the Civil Court of the City of New York in 1973 and was elected to that court the following year. He was designated an acting Supreme Court Justice and served in that capacity for almost a decade. He was elected to Supreme Court in 1984. In 1987, together with his duties in New York County, he served as Surrogate of Bronx County.

Prior to his judicial service, Justice Ostrau had been a trial lawyer in private practice and with the office of the Corporation Counsel of the City of New York. He also served as Law Secretary to Justices Edward T. McCaffrey and Alvin Klein.

On the bench in New York County, Justice Ostrau handled a wide variety of assignments, from trial parts, to conference and assignment parts, to matrimonial parts. His trial experience, skill at settlement, upbeat demeanor, and passion for fairness made him exceptionally successful at every task given him. And these gifts led to his designation as Administrative Judge of the court, in which capacity he served from 1991 to 1996.

As Administrative Judge, Judge Ostrau was ever on the lookout for ways to improve the operations of the court. He made many important innovations, which continue to serve the court, litigants and the Bar to this day. For instance, he was instrumental in the establishment of the Commercial Parts in 1993 and then, working closely with the Central Administration, the Commercial Division in 1995, which effort has been judged by the commercial Bar an outstanding success. He established a variety of refinements that improved the operation of the Individual Assignment System, which had transformed a central calendar system in 1986. He created the Motion Submission Part (Courtroom 130), which reduced motion calendars in the Parts dramatically, conserved the time of Justices, and saved attorneys from having to make appearances in the very many Parts of the court to submit motion papers and obtain adjournments and freed them from having to keep track of many different motion days and locations. He promoted alternative dispute resolution as part of court operations. He led the court to incorporate orders into opinions on motions, changing long-standing practice in the court in a way that simplified and expedited proceedings for the Bar and litigants. He established a team of matrimonial Parts in place of a single matrimonial motion and trial Part, understanding the importance of providing effective and expeditious adjudication of these challenging cases, particularly those in which children were involved.

Throughout his tenure as Administrative Judge, Judge Ostrau maintained a full workload as the Presiding Justice of the Appellate Term, where he served from 1986 to 1996. Under his leadership, this court was at the forefront of a very significant evolution in landlord and tenant law, a jurisprudence critical to life in New York City.

Justice Ostrau was an exceptional administrator, a fair-minded judge, a great colleague, and an always-friendly and cheerful leader of the staff. The court and the County of New York were fortunate to have had him here for so many years and will long remain in his debt.

Board of Justices,
Supreme Court, Civil Branch
New York County

December 12, 2012

 


;

NOTICE REGARDING CERTAIN COURT NOTIFICATIONS

 

In recent years, the Supreme Court, Civil Branch, New York County has transmitted certain notices to counsel by mail. One notice advises counsel regarding the date and time that has been fixed for a preliminary conference in response to the filing of a request for a preliminary conference. Second, in City and Motor Vehicle cases, in which Case Scheduling Orders are issued by the court without need for an appearance for a preliminary conference, a copy of the order has been sent to counsel. The third form of notice advises counsel of the date of argument on certain motions that have been marked “submitted” in the Motion Support Office Courtroom (Room 130). The motions in question are those in Parts in which the Justice directs that argument be had on a motion-by-motion basis. If a Justice requires an appearance in the Part on all motions marked submitted in Room 130, notations of the argument date are recorded in the calendar that is printed daily in the New York Law Journal reporting the actions taken in Room 130. Fourth, a notice has been mailed to counsel advising of the scheduling of an initial appearance in the Neutral Evaluation Program (informally known as “Mediation”).

 

Counsel are hereby informed that, beginning July 16, 2012, the court will no longer transmit these four kinds of notice. Counsel are advised to sign up for the Unified Court System’s case information notification service, called e-Track. By doing so and recording in e-Track all of counsel’s cases pending in the Supreme Court, Civil Branch, New York County, counsel will be able to receive expeditious automated notification of the events covered by these notices, as well as all other developments in those cases that are recorded in the court’s case history program, the Civil Case Information System (“CCIS”), such as the issuance of a decision on a motion, the scheduling of compliance or status conferences, or the issuance of a long form order. As soon as a preliminary conference date or a Mediation appearance date is scheduled in CCIS, a Case Scheduling Order is issued, or an argument is scheduled in CCIS for a Part, e-Track will transmit a notification of the event by e-mail. This form of notice is quicker and more reliable than notices sent by mail and the designated recipients can be tailored by counsel to each case and the needs and procedures of the office. There is no charge to use the e-Track service. For additional information about e-Track and to sign up for the service, please go to the following address:

http://iapps.courts.state.ny.us/webcivil/ecourtsMain

or click on “E-Courts” on the home page of the Unified Court System at www.nycourts.gov.

In addition, for information on the status of individual cases, attorneys may consult the Supreme Court Records On-Line Library (Scroll), a joint project of the County Clerk of New York County, Hon. Norman Goodman, and the Supreme Court, Civil Branch, New York County. Scroll provides information, on a case-by-case basis, as to all appearances scheduled for motions and conferences. Scroll also makes available other information and copies of important documents. Attorneys who are advised by e-mail from e-Track that a Case Scheduling Order has been issued in a City or Motor Vehicle action can obtain a copy of the order from Scroll. Scroll can be consulted at any time. Scroll is available at no charge on the website of Supreme Court, Civil Branch, New York County at “Case Information” at www.nycourts.gov/supctmanh.

Scroll does not provide e-mail notification to attorneys about developments in cases. Therefore, e-Track may well prove more useful for those who wish to follow for, and receive alerts regarding, developments in cases of interest on an on-going basis.

The court system’s e-filing program, the New York State Courts Electronic Filing System, provides immediate e-mail notification whenever a document in an e-filed case is filed with that system, though it does not provide notice whenever an appearance is scheduled in CCIS.

Certain commercial attorney’s services also provide e-mail notification of scheduled appearances.

 

July 2, 2012

 


 

COMMERCIAL DIVISION ASSIGNMENT PROCESS

 

Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2011 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Uniform Rule 202.70 (d). In a hard-copy case a copy of the pleadings shall be submitted as well. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part.

The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 150,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. There are two categories of exception. First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. Uniform Rule 202.70 (b). Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel arbitration or affirm or disaffirm an arbitration award or seeks related injunctive relief. Uniform Rule 202.70 (b) (4), (5), (11), (12). In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. If the clerk’s review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). See Subd. (f) (1).

The rules provide for application to the Administrative Judge to review certain assignment determinations. Any such application must be made in a timely manner. Uniform Rule 202.70 (e) and (f) (2). Rulings of the Administrative Judge have been posted on the Division website (under “Decisions Online” on the New York County home page).

 

February 17, 2012

 


 

CITY CASES

The Bar is reminded that cases assigned to a Justice in one of the City Parts (Parts 5, 52, and 62) shall be placed on a Differentiated Case Management (“DCM”) Track upon the filing of the Request for Judicial Intervention (“RJI”). See Uniform Rule 202.19. All such cases shall be designated as proceeding on the “standard” pre-note track (note of issue to be filed within 12 months from filing of the RJI). Further, these cases shall be subject to an automated DCM process. That is, upon the filing of an RJI in a City case accompanied by a request for a preliminary conference or a disclosure motion, the court will automatically generate a case scheduling order without the need for an appearance by the parties. In order, however, that an EBT date can be arrived at for inclusion in the order, the City must have been previously supplied with a bill of particulars; the EBT date shall be consistent with the completion of all disclosure within the DCM track deadline, as shall be specified in the case scheduling order. Counsel in these cases are advised to provide the City with a bill of particulars forthwith, if one has not already been served.

Once a case scheduling order has been signed by the Justice assigned to the case, a copy will be posted in the Supreme Court Records On-Line Library (“SCROLL”), which is accessible on the court’s website (“Case Information” at www.nycourts.gov/supctmanh). Counsel must consult SCROLL to obtain a copy of the order as a copy will no longer be mailed to counsel. All relevant deadlines, including the date for a compliance conference, will be set forth in the case scheduling order. Attorneys may obtain, at no charge, e-mail notification regarding issuance of the scheduling order and all other developments in their City cases and other cases by listing their cases with “E-Track,” the court system’s case tracking service, which is accessible at:

http://iapps.courts.state.ny.us/webcivil/etrackLogin

or by means of the “E-Courts” link at www.nycourts.gov.

October 28, 2011

 


 

NOTICE TO THE BAR REGARDING NEW FORM OF RJI
(Revised January 2012)

 

New Form of RJI

The Unified Court System has issued a new form of Request for Judicial Intervention (“RJI”), addenda thereto, and revisions to related Uniform Rules. The new form of RJI and addenda are accessible on the website of the Supreme Court, Civil Branch, New York County, on the “Forms” link on the home page at www.nycourts.gov/supctmanh. Only the new form of RJI is accepted by this court

The addenda that have been promulgated consist of a general addendum, which is used to identify additional parties or related cases; a matrimonial addendum, which is used when there are children under the age of 18 who are subject to the matrimonial action; a foreclosure addendum, which is used in mortgage foreclosure actions where the property is a one-to-four family owner-occupied residential property or an owner-occupied condominium; and a Commercial Division Addendum, which is used when the filer seeks an assignment of a case to the Commercial Division.

Commercial Division Assignments

In commercial cases in which the filer wishes an assignment to the Commercial Division, the filer must (i) submit the new form of RJI and, as appropriate, mark the case as a “Commercial” case, a dissolution matter (under “Other Matters”), or an Article 75 proceeding and (ii) attach a completed Commercial Division Addendum certifying that the case meets the requirements for assignment to the Commercial Division. See Uniform Rule 202.70 (d) (amended May 25, 2011). A local rule shall be promulgated requiring that a copy of the pleadings shall also be submitted. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a General Assignment Part.

Pre-Note Time Frames

The previous RJI form contained a question regarding the pre-note-of-issue time frame that, in the filer’s view, should be assigned to the case. This time frame is also known as the Differentiated Case Management (“DCM”) “track” or the pre-note standard and goal. See Uniform Rule 202.19. A designation of each case to a particular track is made by the clerk when the RJI is filed. The main tracks are: eight months - expedited; 12 months - standard; and 15 months - complex. The previous time frame question has been omitted from the new form of RJI. The time frames, however, remain in effect. The Supreme Court, Civil Branch, New York County will implement the following protocol in assigning cases to DCM tracks upon filing of the RJI. The following cases will be assigned to the following tracks:

Commercial (Commercial Division and non-Division) - - Complex
Medical/Dental/Podiatric Malpractice - - Complex
Mass Torts - - Ultra-Complex (20 months)
Tax Certiorari - - Special time frame (48 months)
Matrimonial - - Special time frame (six months)
Motor Vehicle - - Expedited
All Other Cases - - Standard

Counsel may raise at the preliminary conference the question of whether a different track assignment should be made. If persuaded that the circumstances of the particular case are such that the case belongs on a shorter or longer track than the one to which the case was assigned in accordance with the foregoing protocol, the Justice may direct that the case be assigned by the clerk to another track, which will be done.

The DCM time frames or tracks constitute goals set by the Unified Court System for the expeditious processing of cases pre-note. (There is also a separate post-note standard and goal, generally of 15 months.) A note of issue should be filed within the pre-note DCM time frame recorded for the case in accordance with Uniform Rule 202.19 or else the case will be deemed out of compliance with standards and goals. The orders of the assigned Justice, however, will control when specific steps in the discovery process in any individual case must be completed. See Rule 202.19.

Filing Requirement for New RJI Form

The Unified Court System has changed the procedures regarding the obligation to file an RJI. These are reflected in the new form of RJI. See also Uniform Rule 202.6 (b) (modified effective May 25, 2011 and Jan. 10, 2012). In sum, an RJI is now required to be filed with regard to most applications; in some instances, an RJI fee ($ 95) is required and in others the filing is to be without fee. Generally, an RJI must be filed and a fee must be paid whenever the nature of the application is such as to require that there be supervision and case management of a pending case by a Justice that will extend beyond addressing the papers submitted by the applicant and therefore that there be an ongoing assignment of the case to an IAS Justice made via the court’s computer system. Examples of instances of documents that will initiate continuing judicial involvement are notices of motion or petition, proposed orders to show cause, notes of issue, notices of medical, dental and podiatric malpractice action, statements of net worth, and requests for a preliminary conference. Where, on the other hand, the application being submitted is a discrete and self-contained one that will not require continuing involvement by an IAS Justice, the RJI shall be filed without fee and the matter shall not be assigned to a Justice, but rather shall generally be referred to an Ex Parte Justice. Any application not filed in an action or proceeding, a name change application, and an application for discovery in an out-of-state case are examples of discrete applications that now are to be filed accompanied by an RJI but for which no fee need be paid. Included in this group are uncontested matrimonial matters

New RJI Required (No Fee Payable) (No Ongoing Assignment of Justice)
Uncontested matrimonial application
Application not filed in an action or proceeding
Application for an order authorizing emergency surgery
Petition for sale or finance of religious/not-for-profit property
Name change application
Habeas corpus application
Application for discovery in out-of-state action (CPLR 3102 (e))
Other ex parte applications not requiring ongoing judicial assignment

 

New RJI Required with $ 95 Fee (Ongoing Assignment of IAS Justice)
Notice of motion or petition
Order to show cause
Note of issue
Notice of medical, dental or podiatric malpractice action
Statement of net worth
Request for preliminary conference
Other applications in a case to be assigned to an IAS Justice
Infant’s,incompetent’s, and wrongful death compromise orders (no action commenced)

 

October 18, 2011
Revised January 19, 2012

 


 

CHANGES IN THE ADMINISTRATIVE COORDINATING PARTS

(PARTS 40 AND 27 CITY)

 

Effective Monday, April 11, 2011, Honorable George J. Silver will handle the assignment of trial-ready cases in the Administrative Coordinating Parts. The Parts, previously designated Part 40 and Part 27 City (City cases), will henceforth be designated Part 40 and Part 40 City (City cases). The calendars of these Parts were previously called at 10 AM. Henceforth, they will be called at 9:30 AM. The Part 40 and Part 40 City calendars will be called Monday through Thursday, in Room 136 at 80 Centre Street. In addition to this new assignment, Justice Silver will maintain his Motor Vehicle assignment (Part 22).

April 5, 2011

 


 

CHANGES TO CERTAIN OFFICES AND PROCEDURES

 

CHANGES TO CERTAIN MOTION PROCEDURES

Effective March 15, 2011, the following changes in procedures in the Motion Support Office (Room 119) and the Motion Support Office Courtroom (Room 130) will be implemented.

(1) An attorney seeking to submit to the Motion Support Office (Room 119) a motion or petition on notice in a hard copy case shall present only the original notice of motion or notice of petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit, together with one photocopy of those documents, which is used for scanning the documents into the Supreme Court Records On-Line Library (“Scroll” ) . Affirmations or affidavits in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Support Office Courtroom (Room 130) on the final return date of the motion. Proof of service of the affirmations, affidavits and memoranda, if separate from the proof of service of the notice of motion/petition, may be submitted with the former documents. An attorney whose office is located outside the County of New York may submit by mail or express delivery service the notice of motion/petition, proof of service and Rule 202.7 affidavit/affirmation and the photocopy thereof, together with the motion fee ($ 45) in the form of a money order or attorney’s check made payable to the New York County Clerk (personal checks not accepted), provided that the package arrives within the time set forth in the next paragraph.

(2) The original notice of motion/petition, proof of service, 202.7 affirmation/affidavit and one photocopy shall be presented to Room 119 no later than five business days before the original return date, but no earlier than 30 days prior to that return date. Any such submission presented more than 30 days prior to the return date will not be accepted at that time.

(3) Heretofore, when papers on a motion/petition have been submitted in Room 119 with a request for judicial intervention, the motion/petition has been placed on the “Initial Motion Calendar” in Room 130 for the original return date. A Justice has been assigned prior to the return date and, on the return date, the matter has been adjourned one week for submission of papers. As of March 15, 2011, the Initial Motion Calendar shall be abolished. All initial motions/petitions (motions/petitions accompanied by RJI) shall appear on the “Submissions Calendar” on the original return date. The motions/petitions will not be automatically adjourned. Attorneys shall submit all papers on the motion/petition on the return date or arrange for an adjournment in accordance with the procedures of the Motion Support Office Courtroom and submit all papers on the final return date. See “Motions/Proceedings on Notice” under the “Courthouse Procedures” link on the home page of the court’s website.

(4) Cross-motions, papers in opposition, and replies on a motion/petition on notice in a hard copy case shall be submitted to the Motion Support Office Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date.

(5) Documents in electronically filed cases in which a motion/petition on notice is made returnable in the Motion Support Office Courtroom (Room 130) may be e-filed at any time, as at present, except that the moving papers should be e-filed at least eight days prior to the return date to allow the staff time to process and calendar the motion. Unless the Justice assigned dispenses with such copies, attorneys must submit working copies of documents on the motion/petition in the Courtroom on the final return date, including copies of all opposition and reply documents, to each of which a copy of the Confirmation Notice shall be firmly affixed as stated above.

(6) Attorneys are reminded that motions/petitions on the calendar of the Motion Support Office Courtroom may be adjourned by e-mail where such adjournments are in conformity with the procedures of the Courtroom and provided that there are no more than three adjournments of the matter for a total of 60 days. See the link labeled “Motions/Proceedings on Notice” under “Courthouse Procedures” on the website of the court at the address listed above.

Feb. 8, 2011


 

CHANGES TO CERTAIN OFFICES

Effective immediately, the processing of Secure Pass applications and renewals is being moved from Room 148 at 60 Centre Street to 111 Centre Street (White Street entrance). As to any applications that were submitted to 60 Centre Street and that remain pending, attorneys should obtain the Secure Pass or information about the application at 111 Centre Street (White Street entrance).

Effective February 9, 2011, changes are being made to certain offices of the court at 60 Centre Street. First, the counter functions of the Trial Support Office (Room 158) will henceforth be conducted at the main counter in Room 119. Documents that heretofore have been submitted by the Bar in Room 158, such as requests for a preliminary conference, notes of issue, jury demands, or notices of medical malpractice action, shall hereafter be submitted to Room 119. In e-filed cases, documents shall be submitted electronically.

Second, the Commercial Division Office shall move from its present location (Room 148) to Room 119 A, which can be reached through a separate entrance to the right of the main counter of Room 119, except for the Division’s ADR program, which shall remain in Room 148. The functions of the Commercial Division Office shall remain unchanged. Orders to show cause, ex parte orders, proposed long form orders and counter-orders, preliminary conference requests, notes of issue, and jury demands in Commercial Division cases shall continue to be submitted to the Commercial Division, now in Room 119 A. In e-filed commercial cases, documents must be e-filed and those documents that are submitted for judicial review must also be submitted in working copy form (bearing, firmly affixed to the back facing out, a copy of the Confirmation Notice generated by the New York State Courts Electronic Filing System (“NYSCEF”) upon the filing of the document with NYSCEF). For more information on e-filing, see the Protocol on Electronic Filing posted on the “E-Filing” page of the court’s website at www.nycourts.gov/supctmanh.

Third, the Special Referees Part calendar shall be called in Room 106 at 80 Centre Street.


 

NOTICE TO THE BAR REGARDING APPLICATIONS FOR
TEMPORARY RESTRAINING ORDERS SUBMITTED TO
THE EX PARTE OFFICE

Pursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice. In the absence of such prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought of the time, date and place that the application will be made sufficient to permit the party an opportunity to appear in response to the application. It is the practice of this court that the applicant must notify the party against whom the restraining order is sought of the time and date that the application will be submitted to the Ex Parte Office. Further, counsel shall advise the adversary that he or she will inform the adversary of the place, date and precise time when the Justice will entertain the application. Once the papers have been submitted to the Ex Parte Office, applying counsel shall contact the Part of the Justice in question to determine when and where it will be convenient for the Justice to entertain the application. Counsel shall then promptly notify the adversary. Counsel shall not appear in the courtroom of the assigned Justice without having first made such an inquiry.

 

Dated: August 21, 2007

 


 

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