New York Courts dot gov
New York StateUnified Court System

Hon. Lisa S. Ottley


Part Rules

24 / LO-76
Principal Law Clerk: Lenise Graddy, Esq.
Courtroom: 479
Court Room Tel.: 347-296-1225
Chambers Tel.: 347-296-1473


MOTIONS/PETITIONS (Except Petitions to Appoint Guardianship & Final Account)

  • All Motions/Petitions shall be heard on Mondays at 10:00 AM, second call at 10:30 AM.
  • Absolutely NO ex-parte communication will be entertained.
  • Motions on Guardianship matters shall be returnable on Mondays at 10:00 AM unless otherwise scheduled by the Court by an Order to Show Cause.
  • The moving party shall provide the Court with a valid e-mail address and/or fax number. Exceptions will be made for Self-Represented litigants and those who do not own or have access to a computer or an e-mail account.
  • Applications for an adjournment must be by stipulation and signed by all parties, the court evaluator and approved by the Court prior to the hearing date.
  • Stipulations for adjournments must be delivered to the Clerk of the Part at least two (2) days prior to the return date.
  • Unless a stipulation for adjournment is submitted two (2) days prior, all requests for adjournments shall be made in person on the return date. No adjournments will be granted by telephone on the date the case appears on the calendar.
  • All motions must be submitted to the Clerk’s Office at least fourteen (14) days prior to the return date.
  • All responsive papers shall be filed seven (7) days prior to the return date.
  • All pages must be properly numbered and legible.
  • All attachments/annexations must be properly labeled with an Exhibit Tab and legible.
  • Affidavits of service for Orders to Show Cause shall be filed in the Clerk’s Office two (2) days prior to the return date.
  • In general, all written applications must be timely submitted. A Proposed Order for the relief requested shall be attached in a separate legal back.
  • Request for oral arguments on the appearance date must be clearly indicated on the Notice of Motion or Order to Show Cause.
  • Any application for TEMPORARY INJUNCTIVE RELIEF must be made in compliance with 22NYCRR §202.7 (f).
  • Notice to the party against whom the TRO is sought must contain (1) date, (2) place and (3) a one hour period of time in which the application will be made.
  • Attorneys making the application for the TRO must appear during the noticed time regardless of whether the application is being opposed.

PETITIONS TO APPOINT A GUARDIAN

  • All petitions to appoint a guardian shall be heard on Mondays at 10:00 AM.
  • Court evaluator reports and responsive papers shall be filed two (2) days prior to the return date.
  • Applications for adjournments must be by stipulation signed by all parties, the court evaluator and approved by the Court prior to the hearing date.
  • Stipulations for adjournments must be delivered to the Clerk of the Part two (2) day prior to the return date. The party requesting the adjournment is responsible for delivery of the stipulation.
  • Unless a stipulation for adjournment is submitted two (2) day prior, all requests for adjournments shall be made in person on the return date. No adjournments will be granted by telephone on the date the case appears on the calendar.
  • Affidavits of service for Orders to Show Cause shall be filed in the Guardianship Clerk’s Office (Room 285) two (2) days prior to the return date.
  • All Orders and Judgments shall be served by the petitioner on all counsel, guardian(s) and the Court Examiner within ten (10) days of the date of decision.
  • Any application for TEMPORARY INJUNCTIVE RELIEF must be in compliance with 22 NYCRR §202.7(f).
  • Notice to the party against whom the TRO is sought must contain (1) date, (2) place and (3) a one hour period of time in which the application will be made.
  • Attorneys making the application for the TRO must appear during the noticed time regardless of whether the application is being opposed.

FINAL ACCOUNT

  • Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account and may not be submitted in the form of multiple annual accounts.
  • All Motions to Settle Final Accounts must have the following attachments: (1) a Referee’s Report (unless waived), (2) a proposed Order Settling the Final Account (in a separate legal back), and (3) the Affirmation(s) of Legal Services, if the moving attorney is requesting fees.
  • Guardians and/or attorneys responsible for preparing and filing a Discharge Order may not access any commissions or fees due him/her pursuant to the Order Settling the Final Account, until the Discharge Order, in proper form and complying with all provisions of the Order Settling the Final Account, is filed with copies of canceled checks, receipts, and/or affidavits, is signed by the Court, and confirmed by the Court/Presiding Judge.

E-FILING

  • All E-Filings must be accompanied with a courtesy copy on the date of appearance.

 

back to top