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New York StateUnified Court System

Hon. Carl Landicino


Part 81 Rules

Principal Law Secretary: Stephen Burzio
Assistant Law Secretary: Joseph Aron
Chambers: 347-296-1560
Court Clerk: 347-296-1599
Fascimile: 212-618-5265


Trials
1. The Court will conference every case when it is assigned for Trial.

2. At the initial conference, or soon thereafter, plaintiff must submit marked pleadings to the Court Attorney as well as any motions in limine.

3. Prior to the trial, each attorney shall inform the Court of any schedule conflicts and the need for an interpreter.

4. All proposed jury charges and proposed verdict sheets shall be submitted to the court in typed form at the commencement of the trial.

Motions
Motions are to be made returnable on Wednesdays at 9:30 a.m. Motions made returnable at any other time, absent prior permission of the Court, will be adjourned to the next available motion day. Appearances must be made by attorneys with knowledge of the case and the pending motion. The first call is at 9:45 a.m. and the 2nd call is at 10:45 a.m. Oral argument is required on all ready cases. Motions can be adjourned by stipulation on the first return date. After the second adjournment, consent of the Court is required. Parties are encouraged to resolve discovery motions in a short form order. On all other motions, all parties must be present and ready for argument. The motion will be marked off if the movant fails to appear. If the non-moving party does not appear, the motion may be granted on default. If granted, a copy of the signed short form order must be served on the non-moving parties by certified mail and all parties are bound by the terms of the order.

Inquests
1. At the time of the inquest Plaintiff shall provide the Court with a copy of Marked Pleadings and a copy of the Default Judgment.

2. Certified Medical Records or testimony of a physician is required to prove damages.

Infant Compromise
Dates for appearance shall be scheduled by Chambers

With respect to infants’ settlement applications, the applicant must comply with the requirements of CPLR §§1207 and 1208 and Uniform Rule §202.67. In lieu of a motion or a special proceeding as provided in CPLR §1207, all parties to the action may stipulate that all remaining parties (other than the applicant) have waived service of the notice of and appearance at the hearing and notice of the papers in support of the application.

Additionally, all submissions shall include either a letter offering the proposed settlement amount or a stipulation of the parties reflecting same.

Electronic Filing:

Courtesy copies are required. Please submit a courtesy copy of all papers to the Motion Support Office at least five (5) business days prior to the appearance date. Failure to provide a courtesy copy may result in the matter being adjourned.

Please note that reference to electronically filed papers is not permitted. Where pleadings, prior applications or prior decisions and orders are required to be annexed to the motion, reference to the electronically filed papers alone is insufficient. All necessary documents shall be annexed (see CPLR 2214 (c)).