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New York StateUnified Court System

Hon. Michelle Weston


Part 3, MMESP-5

320 Jay Street
Brooklyn, NY 11201

Part Clerk: John Simmond
Courtroom: Room 18.36
Tel.: 347-296-1082

Principal Law Clerks: Cristina Baiata-Martinez and Iris Cross
Chambers: Room 24.56


GENERAL RULES

Calls to chambers should be limited to emergency applications, or if instructed to contact chambers by a member of the judge’s staff. For routine matters, please consult the part rules or CPLR.

Pursuant to NY ST Rules of Professional Conduct, Rule 3.5, the Bar is reminded that ex parte communications with the Court is prohibited.

MOTION CALENDAR

Motion papers will NOT be accepted in the courtroom on the return date. All papers must be filed with the Court no later than 48 hours prior to oral argument.

The Motion Calendar begins at 9:30am, in Room 18.36 at 320 Jay Street. There is no second call calendar.

Please check in with the Clerk when you appear. If you are not present when the case is called, the motion may be heard in your absence or marked off.

All request for adjournments must be made to the Part Clerk, John Simmond, you can reach him at (347) 296-1082.

Applications for adjournments must be requested at least 48 hours (two business days) prior to oral argument.

If a motion is withdrawn, a letter must be received prior to the calendar call for the case. In the event a letter is not received in advance, the case will be determined on the calendar call.

SUMMARY JUDGMENT MOTIONS

Due to the complexities of the issues involved in a medical malpractice action, the time to file a summary judgment motion is in accordance with the CPLR.

PENDING DECISIONS

For motions marked decision reserved there is no need to contact chambers to inquire about the status of a decision.

After a motion is submitted, the Court will not entertain any further arguments or submissions-legal authority or otherwise, while its’ decision is pending. In other words, no ex-parte, unsolicited communications of any nature is permitted.

STIPULATIONS

Stipulations must contain original signatures. Once a Stipulation is signed it will be sent to the Clerk’s office to be filed.

E-FILED CASES

For E-filed cases, a hard copy should be delivered to the judge within one week of filing any papers or a week prior to the return date- whichever is sooner. If a hard copy is not received in a timely manner, the motion will be adjourned to the court’s next available date.

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