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New York StateUnified Court System

Hon. Lara J. Genovesi


Part Rules IAS Part 34 / Matrimonial Part 5X

Principal Law Clerk: Brittany N. Mazzatto, Esq.
Assistant Law Clerk: Christine G. Ortiz, Esq.
Part Clerk: Kandyce Taylor-Russell

360 Adams Street
Brooklyn, NY 11201
Courtroom 363
Chambers Room 376

Courtroom Telephone No.: 347-401-9250
Chambers Telephone No.: 347-401-9970
Chambers Facsimile No.: 212-618-5101


Part 34

Motions:

Part 34 motions are heard every Tuesday.

First call is at 10:00 a.m.
Second call is at 11:00 a.m.

All attorneys must be present.

Oral argument is required on all motions.

All motion papers must be filed with the Motion Support Office, room 227 at 360 Adams Street or electronically filed. Courtesy Copies are required for all electronically filed motions and answering papers. Courtesy copies will not be accepted by chambers staff.

Motions papers, answering affidavits and reply affidavits must be served in accordance with CPLR § 2214 unless otherwise stipulated or ordered.

Adjournments:

A stipulation of adjournment may be filed electronically or in the Motion Support Office. The stipulation must be signed by all parties. Hard copies of the stipulation must be submitted to Motion Support or to the part at least three (3) business days prior to the first appearance. Otherwise, one party must appear at the calendar call with the signed stipulation. Stipulations of adjournment will not be accepted by facsimile.

After the second adjournment, consent of the court is required.

Parties must appear at the calendar call and make any further applications in person.

Defaults:

Pursuant to Uniform Rule § 202.27, the court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear on the return date. Further, a motion might be denied upon the failure of a movant to appear on the return date. Vacatur of the court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit.

Defaults may be entered at the second calendar call.

In Camera Inspections:

In camera inspections will be scheduled by chambers staff. Prior to an in camera inspection, parties must submit a detailed privilege log, pursuant to CPLR §3122(b). Bates stamping of in camera documents is required for review. Any documents that are not bates stamped will be returned for resubmission.

Infant Compromises:

  1. Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72.
  2. Hearings will be scheduled by the court upon submission of all required documents. Any adjournments must be obtained through chambers. All parties must appear for a hearing unless appearance was otherwise waived.
  3. Infant Compromise petitions must comply with CPLR §1208. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances or defaults in appearances. Further, the affirmation must include a detailed description of the accident and liability issues. The infant’s medical reports, a physician affirmation, a settlement letter which includes waiver of appearance and an affirmation of no liens are required with the submissions. If any portion of the settlement is structured, the cost of the annuity must be stated in the order.
  4. Supplemental submissions will not be accepted by facsimile. Any supplemental submissions can be submitted by mail or to the part.
  5. 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.
  6. 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.
  7. All submissions must be separated by exhibit tabs.

Electronic Filing:

Courtesy copies of all electronically filed papers 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)).

Trials:

  • Marked Pleadings and Bill of Particulars . Prior to trial, counsel shall furnish to the court marked pleadings and a copy of the Bill of Particulars pursuant to CPLR § 4012 and § 202.35 of the Uniform Rules for Civil Supreme Court.
  • Exhibits . Counsel shall pre-mark all exhibits in the order which they intend to introduce them at trial. A list of the exhibits shall also be provided to the court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to the court reporter who will officially mark them before trial.
  • Witnesses . Prior to trial, counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses, their expertise, and summary of expected trial testimony.
  • Motions in Limine.  Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the court's attention and addressed prior to trial by way of a written or oral motion in limine. A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the court prior to commencement of plaintiff's case and when otherwise requested by the court.
  • Depositions . A copy of depositions intended to be used at trial shall be furnished to the court at the commencement of the trial.
  • Proposed Jury Charges and Verdict Sheets . All proposed jury charges and proposed verdict sheets shall be submitted to the court in typed form no later than the close of plaintiff's case.

Inquests:

  • At the time of the inquest plaintiff shall provide the court with a copy of marked pleadings and a copy of the default judgment.
  • Certified medical records or testimony of a physician is required to prove damages.

 

 Part 5X (Matrimonial Part)

 Part 5X adopts the Uniform Matrimonial Rules, Supreme Court, Kings County.

Any applications for an adjournment must be made to chambers by conference call with all attorneys on the conference line, including the attorney for the child. Please have the index number available. If an adjourn date is consented to, a faxed stipulation must be sent to chambers at least one day prior to the scheduled appearance. All adjournments are subject to final approval by the Judge.

Counsel are reminded to always bring their client to court for appearances unless previously excused or unless an adjournment has been granted.