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New York StateUnified Court System

Hon. Jack Battaglia

Part Rules

Part 59
Law Secretary Robert A. Markoff
360 Adams Street
Brooklyn, NY 11201
Chambers: 347-401-9244: Room 1130E
Courtroom: 347-401-9294: Room 969
Fax: 347-296-1479

Revised May 20th, 2013

Part 59 motions are heard on Mondays.

Hearings, arguments, and conferences on matters determined by the Court to require attention that cannot effectively be given on regular calendar days will be scheduled as convenient to the Court, counsel, and others affected. The Court invites counsel to contact chambers, preferably prior to the scheduled calendar date, to request a rescheduling for this purpose.

Calendar Calls

First call at 9:45 a.m.
Second call at 10:45 a.m.
Oral argument is required on all motions.

Conferences/Hearings: As scheduled

Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear for a conference or hearing, or a motion denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit. In the usual case, however, the first and only nonappearance of a movant will result in a “mark-off.”


Disclosure-related motions will not be adjourned, unless there are extraordinary circumstances shown on application to the Court. The issues raised by the motion will be resolved by agreement or Court resolution on the return date.

Dispositive motions, including motions for dismissal or summary judgment, and other substantive motions may be adjourned once on consent of all parties, with a schedule for remaining briefing. Application for adjournment may be made before the return date by stipulation faxed to chambers, or on the calendar call on the return date.

Conferences and hearings will not be adjourned, except for good cause shown on application to the Court, and, unless there are extraordinary circumstances, may not be adjourned more than once. Even on adjournment, the parties will be expected to address as many open matters as possible. Application for an adjournment may be made before the scheduled conference or hearing date by fax to chambers, showing good cause or extraordinary circumstances, as the case may be, as well as issues resolved.

Note of Issue Date:
A motion is generally required to extend the Note of Issue date ( § 202.21 [d]), but the Court may “so order” a stipulation extending the note of issue upon application faxed to chambers, containing, at the least, the following information: the reason for the extension, which shall constitute good cause; the dates of the preliminary conference order and all compliance conference orders; a description of any disclosure that remains to be completed, and a date for completion of each item.


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