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New York StateUnified Court System

Hon. Leon Ruchelsman


Part Rules

360 Adams Street
Room 276
Brooklyn, NY 11201

Posted June 12, 2014


PETITIONS TO APPOINT A GUARDIAN

  • All petitions to appoint a guardian shall be heard on Tuesdays, Wednesday, and Thursdays at 10:30AM.
    • All court evaluator’s reports and responsive papers shall be filed 2 days prior to the return date.
  • Applications for adjournments must be on stipulation signed by all parties and 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 1 day prior to the return date. The party requesting the adjournment is responsible for delivery.
    • Unless a stipulation for adjournment is submitted 1 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 matter appears on the calendar.
  • Affidavits of service for orders to show cause shall be filed in the Guardianship Clerk’s Office (Room 285) 2 days prior to the return date.
  • All orders and judgments shall be served by the petitioner on all counsel, guardian(s) and court examiner within 10 days of the date of decision.
  • MOTIONS/PETITIONS OTHER THAN TO APPOINT A GUARDIAN

  • Motions on Guardianship matters shall be returnable on Wednesdays at 12:00 PM unless otherwise scheduled by the Court.
    • The moving party shall provide the Court with a valid e-mail address. Exceptions will be made for Pro Se litigants and those that do not own or have access to a computer or an e-mail account.
  • Applications for adjournments must be on stipulation signed by all parties and 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 1 day prior to the return date.
    • Unless a stipulation for adjournment is submitted 1 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 matter appears on the calendar.
  • All motions must be submitted to the Guardianship Clerk’s Office (Room 285) at least 7 days prior to the return date.
    • All responsive papers shall be filed 2 days prior to the return date.
  • Affidavits of service for orders to show cause shall be filed in the Guardianship Clerk’s Office (Room 285) 2 days prior to the return date.
  • All motions are on submission only. A proposed order granting the relief requested shall be attached on a separate legal back.
    • Oral arguments may be made subject to a date determined by the Court.

    COMPLIANCE CONFERENCES

  • Compliance conferences shall be held on Tuesdays and Thursdays at 2:30 PM.
  • Guardians who are directed to appear for a compliance conference in the appointing order and judgment and have complied by filing their oath/designation/bond/commission shall call 347-401-9442 to advise the court of their compliance.
  • All other guardians/parties who have received a compliance order shall appear on the referenced date.
  • FINAL ACCOUNT

  • Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled accounting, and may not be submitted in the form of multiple annual accounts.
  • All Motions to Settle Final Accounts must contain the attachment of a Referee's Report, a proposed Order Settling the Final Account, and 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 Chambers.


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