Aulisi | Breen | Catena | Dawson | Demarest | Ferradino |Giardino | Hall | Kramer | Krogmann | Main | McGill | Nolan | Rogers | Ryan | Scarano | Sise | Tominson | Williams

HON. RICHARD T. AULISI

Motions are returnable on any business day chosen by the movant and personal appearance by counsel are not required on the return date unless expressly approved or requested by the court. Orders to show cause are returnable on a date and time set by the court. Personal appearances by counsel and/or the parties are required as specified in the order to show cause.

If no answering papers are filed, it will be assumed that there is no opposition to the requested relief.

Fourth Judicial District Asbestos Litigation Case Management Order

HON. J. TIMOTHY BREEN, Acting Supreme Court Justice

Motions should be made returnable for the same day as the preliminary conference, which is scheduled by the Court. Personal appearances by counsel and clients are required at the preliminary conferences.

Any other motions should be made returnable on any business day chosen by the movant. Personal appearances are not required, and the motion will be decided upon submission unless permission for oral argument is granted.

HON. FELIX J. CATENA, Acting Supreme Court Justice

All return dates of Motions will not require appearances and oral argument, unless specifically requested or deemed necessary by the Court. The presentation of Motions and Orders to Show Cause to the Court require proof of the payment of the requisite filing fees before same will be entertained.

All dates for preliminary conferences, other conferences, appearances on Motions and Orders to Show Cause in relation to matters assigned to Judge Catena will be subject to Court approval. Trial dates will be scheduled by the Court.

Any questions regarding this schedule may be referred to the Chambers' staff at 518-853-3834.

Contacts: Secretary Michelle Agresta or Principal Court Attorney Michael Dayian.

HON. JAMES P. DAWSON

The following are the Court's return dates for 2007 non-matrimonial cases:

Papers received after the return date will not be considered. Oral argument will be heard only if requested by counsel or ordered by the Court. (22NYCRR202.8[d]).

Motions not requiring notice, such as default applications, and most motions in foreclosure cases, may be made returnable on any day and will be heard on the submission of papers only at Chambers.

The following are the Court's return dates and oral argument dates for motions in matrimonial actions:

Oral argument on matrimonial motions is required and will be held on the oral argument date set forth above at the Essex County Courthouse in Elizabethtown, New York. Calendar call for matrimonial cases is at 9:30 a.m. on the oral argument date.

HON. DAVID DEMAREST

Regularly scheduled Special Terms shall be held in St. Lawrence County in Canton, NY, and Franklin County in Malone, NY, in 2007 at 9:30 a.m. for those matters assigned to Hon. David Demarest.

Oral argument will be heard on each of the dates listed below. Those relying on written submissions should so advise Chambers in writing or by facsimile (315-379-2311).

SPECIAL TERMS - ST. LAWRENCE COUNTY

Franklin County motions may also be made returnable at any regularly scheduled Special Term in St. Lawrence County.

SPECIAL TERMS - FRANKLIN COUNTY

Moving papers must be submitted at least five (5) business days prior to the return date. Answering papers are to be filed no later than noon of the day prior to the return date.

HON. STEPHEN A. FERRADINO

All motions and special proceedings shall be returnable before the Court at 9:30 a.m. at the date and place designated by the movant. Moving papers are to be submitted to the Court Clerk of the county of venue or directly to Chambers at least five business days before the return date. Answering papers shall be submitted to my Chambers no later than noon on the day preceding the return date. Failure to submit answering papers may be considered a default and the relief requested by the movant granted.

Oral argument may be held in the discretion of the Court and the parties will be notified of the date and time in the event appearances are required. Ex Parte applications may be made returnable any business day at Chambers.

HON. RICHARD C. GIARDINO

Motions are returnable on any business day chosen by the movant and personal appearance by counsel are not required on the return date unless expressly approved or requested by the court. Orders to show cause are returnable on a date and time set by the court. Personal appearances by counsel and/or the parties are required as specified in the order to show cause.

If no answering papers are filed, it will be assumed that there is no opposition to the requested relief.

HON. COURTENAY W. HALL, Acting Supreme Court Justice

Motions are returnable on Tuesday afternoons and personal appearances are required on the return date unless excused by the Court. When Tuesdays are unavailable, motions will be scheduled later afternoons in the week. Orders to show cause are returnable on a date and time set by chambers. Personal appearances by counsel and/or the parties are required as specified in the order to show cause.

HON. BARRY D. KRAMER, Acting Supreme Court Justice

Below is a list of Matrimonial and other Supreme Court return dates I have set for the calendar year 2007, for the holding of Motion Terms for cases to which I am assigned in Schenectady County. All moving papers shall be submitted to the Court Clerk no later than six (6) business days prior to the return date. If such papers are not timely filed, the matter will be marked over to the next return date. All answering papers shall be filed by noon TWO DAYS PRIOR to the return date. If no answering papers are filed, I will assume there is no opposition to the relief requested.

PLEASE NOTE: IF YOUR ANSWERING PAPERS ARE NOT RECEIVED AT LEAST TWO (2) DAYS PRIOR TO THE RETURN DATE THE MOTION WILL BE TRANSFERRED TO THE NEXT SPECIAL TERM.

All Attorneys are required to attend on the return date for oral argument unless the Court is notified twenty-four (24) hours prior to the return date that the motion is withdrawn, resolved, or an Order is to be submitted. Failure to appear, except as above, may result in imposition of sanctions pursuant to 22 NYCRR Part 130, Subpart 130-2 as amended.

PLEASE CALL CHAMBERS FOR LATEST AMENDMENTS.

HON. DAVID B. KROGMANN

The following are general guidelines for Special Terms to the practicing Bar in the hope that it will be of some assistance to you and your clients. Those lawyers who have practiced for some years will generally recall the manner in which the Special Terms were held to hear motions, oral arguments, conferences, etc. Of course, motions may still be submitted upon the papers filed and if this is the case, simply indicate this fact in your cover letter or within the notice of motion.

The practice will be as follows:

1. Regular Special Terms for 2007 for the hearing of all motions in actions or proceedings assigned to me in Warren and Washington Counties will be held on the dates indicated below.

2. All Special Terms will take place on Friday (except as indicated), commencing at 9:30 a.m. at the Warren County Municipal Center.

3. The procedural requirements will be as follows: all original moving papers (with proof of service) are to be submitted to the Court Clerk no later than eight (8) business days prior to the return date of the motion and all answering papers shall be submitted to my Chambers by noon on the business day immediately preceding the return date. Please be certain that all applicable fees have been paid. If no answering papers are filed, it will be assumed that there is no opposition to the requested relief. No papers may be submitted on the return date of the motion, except with the permission of the Court.

4. There may be situations where it is necessary or appropirate for a motion to be heard on a date other than the dates indicated. The Court will attempt to accommodate such situations on a case-by-case basis. If this is the case, please contact the Judge's Chambers to arrange for a return date.

Your comments and input regarding this practice are welcomed.

HON. ROBERT G. MAIN, JR., Acting Supreme Court Justice

Surrogate's Court - Motions can be made returnable on Mondays, at 9:00 a.m.

County Court - Motions can be made returnable on Mondays, at 9:30 a.m. after a date is obtained form the Chief Clerk.

Supreme Court - Contested Matrimonials - Motions can be made returnable on Thursdays, at 9:30 a.m. after a date is otained from Chambers.

HON. PATRICK R. MCGILL, Acting Supreme Court Justice

Motions relating to matrimonial cases assigned will be held at the time of the Preliminary Conference, or, if there is none, at a time to be set by Chambers on the dates listed below on the Third Floor of the Clinton County Government Center, 137 Margaret Street, Plattsburgh, New York. Motion papers, answering and reply papers should be filed with the Court as well as the County Clerk's Office in accordance with the notice requirements of CPLR 2214. Papers submitted on the return date will be accepted only with the permission of the Court. If no answering papers are filed, I will assume there is no opposition to the relief requested.

Cousel are required to attend on the return date unless the Court is notified by the close of business the day prior to the return date that the motion is withdrawn, resolved, a proposed order is to be submitted or you receive permission from the Court to submit on the papers. Failure to appear, except as noted above, may result in the imposition of sanctions pursuant to 22 NYCRR Subpart 130-2.

Non-Matrimonial Supreme Court Civil Motion Practice
All motions are returnable on any business day pursuant to the CPLR and Rules of the Court and will be on submission only. If oral argument is necessary, written application shall be made to chambers of the assigned Justice. The return date on a Notice of Motion should be filled in by the attorney submitting same. CPLR Section 2214 and Uniform Rule 202.7.

HON. THOMAS D. NOLAN, JR.

Motions may be made returnable by the movant on any business day. The court will set a return date when it signs an order to show cause. All motions whether brought on by order to show cause or notice of motion, are submitted and personal appearances are not required on the return date. Oral argument may be held at the discretion of the court and the parties will be notified of the date and time in the event appearances are required.

HON. KATHLEEN ROGERS, Acting Supreme Court Justice

Regularly scheduled Special Terms shall be held in St. Lawrence County in 2007, at 9:30 a.m. for those matters assigned to Hon. Kathleen Rogers.

Oral argument will be heard on each of the dates listed below. Those relying on written submissions should so advise Chambers in writing or by facsimile (315-379-2372).

Motions in matrimonial actions will be heard at scheduled Matrimonial Terms.

Counsel should have clients present for all applications for temporary relief in matrimonial actions.

- MATRIMONIAL SPECIAL TERMS -

Moving papers must be submitted at least five (5) business days prior to the return date. Answering papers are to be filed no later than noon of the day prior to the return date.

HON. KEVIN K. RYAN, Acting Supreme Court Justice

Motions relating to Matrimonial cases assigned to this Court will be held at the time of the Preliminary Conference, or, if there is none, at a time to be set by Chambers on the dates below at the Clinton County Government Center, 137 Margaret Street, Plattsburgh, New York. Motion papers, anwering and reply papers should be filed with the Court as well as the County Clerk's Office in accordance with the notice requirements of CPLR 2214. Papers submitted on the return date will be accepted only with the permission of the Court. If no answering papers are filed, I will assume there is no opposition to the relief requested.

Counsel are required to attend on the return date unless the Court is notified by the close of business the day prior to the return date that the motion is withdrawn, resolved, an Order is to be submitted or you received permission from the Court to submit on the papers. Failure to appear, except as above, may result in the imposition of sanctions pursuant to 22 NYCRR Subpart 130-2.

Please note that the Preliminary Conference has to be scheduled within 45 days of the filing of the RJI. If you anticipate scheduling problems, please refer to the Order Setting Preliminary Conference, Page 3.

CLINTON COUNTY

Civil Supreme Cases

Civil motions assigned to this Court are on submission only. The return date on a Notice of Motion should be filled in by the attorney submitting same acording to the time requirements of the CPLR 2214. If the Court requires oral argument, Chambers will schedule the date and time.

HON. JERRY J. SCARANO

All motions are submitted. A date, time and place for any motion requiring argument will be set by the Court.

HON. JOSEPH M. SISE

The movant's papers are to be submitted to the appropriate Court Clerk (addresses listed below) no later than five (5) business days prior to the return date of the motion, and all answering papers are to be filed with the Court Clerk by noon of the business day immediately preceding the return date. Since most special terms will be held on a Monday, moving papers must be filed with the Court clerk no later than Monday, if a business day, of the preceding week, and answering papers must be filed with the Court Clerk before noon on Friday of the same week. The failure to file answering papers will be deemed to be a consent to the relief requested.

Attendance at Special Term by attorneys is optional, however, an attorney who appears will be allowed to present his or her arguments to the Court even though his or her adversary may not be present. Adjounrments will be granted only upon the consent of all parties.

HON. GUY P. TOMINSON, Acting Supreme Court Justice

Schenectady County Surpeme Court Matrimonial Terms:

All conferences, Motions and Orders to Show Cause assigned to Judge Tomlinson will be scheduled on certain Fridays in Schenectady and on other weekdays in Fonda.

Attorneys and clients are required to appear at all scheduled Court dates in contested matters. Net Worth and Retainer Agreements must be provided to the Court at the Preliminary Conference.

All return dates in contested matters must be pre-approved by the Chambers' staff and require appearances and oral argument, unless the Court excuses same.

YOU MUST CONTACT CHAMBERS to obtain approved return dates on Motions, etc. 518-853-8108.

Questions regarding this schedule/scheduling may be referred to the Chambers' staff at 518-853-8108

Contacts: Associate Court Attorney Donna M. Ross or Secretary Lisa Wyszomirski.

Montgomery County Supreme Court Matrimonial Terms:

All conferences, Motions and Orders to Show Cause assigned to Judge Tomlinson will be scheduled in Fonda on dates selected by the Court.

Attorneys and clients are required to appear at all scheduled Court dates in contested matters. New Worth and Retainer Agreements must be provided to the Court at the Preliminary Conference.

All return dates in contested matters must be pre=approved by the Chambers' staff and require appearances and oral argument, unless the Court excuses same.

Judge Tomlinson is also assigned to 20% of the Schenectady County matrimonial actions and he will be in Schenectady (and not available in Fonda) on most Fridays in 2007.

Any questions regarding this schedule may be refereed to the Chambers'staff at 518-853-8108. Contact: Associate Court Attorney Donna M. Ross or Secretary Lisa Wyszomirski.

Integrated Domestic Violence Court (Montgomery County Supreme Court):

Scheduled on most Mondays throughout the year (other week days as necessary) - You must confirm IDV Court dates with Chambers 518-853-8108.

Montgomery County Surrogate's Court:

Return dates (ciations, motions, etc) scheduled on most Thursdays throughout the year (other week days as necessary) - You must confirm Surrogate's Court dates with Chambers 518-853-8108

HON. FRANK B. WILLIAMS

Motions are returnable on any business day chosen by the movant and personal appearance by counsel are not required on the return date unless expressly approved or requested by the court. Orders to show cause are returnable on a date and time set by the court. Personal appearances by counsel and/or the parties are required as specified in the order to show cause.

Time frames for answers, replies, etc. are governed by CPLR 2214. Responding papers should be directed to Chambers at 433 Broadway, Suite 201, Saratoga Springs, NY 12866. If no answering papers are filed, it will be assumed that there is no opposition to the requested relief.