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New York StateUnified Court System

Hon. Marsha L. Steinhardt


Part Rules

Part 15
360 Adams Street
Courtroom Room Number: 419
Courtroom Telephone Number: 347-296-1650

Chambers Room Number: 1035E
Chambers Telephone Number: 347-296-1545
Chambers Fax Number: 212-401-9042

Law Secretary: Consuelo Mallafre, Esq.
Personal Secretary: Adelbis Padron
Court Clerk: Robert B. Fitzsimmons
Senior Court Officer: Mike Gellman

Revised April 24, 2014


SUMMARY JUDGMENT MOTIONS

Summary Judgment motions on cases with a Note of Issue filed on or after May 1, 2014 must be made within (60) days of filing.

Cases with a Note of Issue filed prior to May 1, 2014 may have Summary Judgment motions filed within (120) days of such filing.

MOTIONS

1. All Motions, including Orders to Show Cause, are argued on alternate Fridays.

2. All attorneys must be present at the call of the calendar.

3. All Orders to Show Cause must be processed in Special Term Part 72 for review and submission to the Judge.

4. All Motion papers must be filed in Motion Support. NO MOTION PAPERS, PETITIONS OR COURTESY COPIES WILL BE ACCEPTED IN CHAMBERS.

5. Exhibits in support of a motion or in opposition must be separated by exhibit tabs.

6. Expert affirmations/affidavits must be one of the first exhibits following the attorney affirmation.

7. Motions may be adjourned by stipulation faxed to Chambers [(212) 401-9042] or submitted at the call of the motion calendar. If consent is not obtained applications will be entertained at the calendar call.

8. There shall be two (2) calendar calls on motion days. The first call of the motion calendar will be at 9: 45 a.m. sharp and the second call will be at 10:30 a.m. sharp.

9. All Motions require oral argument.

10. Anyone failing to answer the second call of the calendar will have their motion marked off if they are the movant, or a default entered if they are the opposing party.

11. Calls regarding the motion calendar should be directed to the courtroom, not Chambers.

NOTE OF ISSUE

Cases may be placed on the trial calendar by serving and filing a Note of Issue and a Certificate of Readiness, pursuant to the Kings County Supreme Court Uniform Civil Term Rules. Note of Issue extensions will be granted by stipulation and consent of all parties. Stipulations may be faxed to Chambers [(212) 401-9042] to be So-Ordered and filed.

INFANT COMPROMISE & DEATH COMPROMISE ORDERS

Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72. These petitions are ex-parte applications which do not require a Notice of Motion and should not be placed on the motion calendar.

Infant Compromise petitions must comply with CPLR § 1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances. A current medical report and an affirmation of no liens is required with the submissions.

Death Compromise petitions must comply with the provisions of EPTL §5-4.6 and include an affirmation of no liens or, where liens are asserted, documentation of such liens. The Order must include a directive for payment of liens.

If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.

Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.

All submissions must be separated by exhibit tabs.

The Court’s signature line must not appear on a page with no writing.

STIPULATIONS OF DISCONTINUANCE

All Stipulations of Discontinuance shall be paid for in the County Clerk’s office and filed in Motion Support.

Stipulations of Discontinuance involving an infant or a death case shall be submitted as noted above and shall include a brief attorney affirmation in support of the request for the stipulation to be so ordered.

INQUIRIES

All inquiries as to case or calendar status should, in the first instance, be made to the MOTION SUPPORT OFFICE, Room 227 (347) 296-1694.

ADJOURNMENTS & CORRESPONDENCE:

No unsolicited courtesy copies of papers shall be sent to Chambers. All correspondence sent to Chambers shall be copied to all parties.

NO EX-PARTE COMMUNICATIONS WILL BE ENTERTAINED.

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