Hon. Joseph D. Mintz
Judicial Directory Information

Part 34 - 9th Floor
50 Delaware Avenue
Buffalo, NY 14202
Ph: (716) 845-9477
Fx: (716) 851-3265

MOTIONS: Alternative Tuesdays in Part 34 - 9:30 a.m.
Infant Settlements and Defaults - 11:00 a.m.

Civil and Medical Malpractice:
All moving papers, answering papers, memoranda and special term note of issue to be sent to chambers at least two [2] full business days prior to return date. If papers are not timely delivered, motions will be adjourned. Originals not required. Oral argument required in all cases, unless the motion is known in advance to be uncontested, and a letter so stating is received by the court prior to the return date. Summary judgment time limits under CPLR 3212[a] strictly enforced. Summary judgment motions to be argued from counsel table; if decision is not reserved, decision will be on record in open court. Discovery motions may be subject to conference by law clerk after attorneys have checked in at Special Term on return date. TROs on notice if other attorney is known. TROs on cases assigned to other judge, only if prior approval by IAS judge or his/her law clerk. Motions cannot be adjourned generally and can be adjourned without court permission three times by informing the court clerk or secretary.

Matrimonial:
All moving papers, answering papers, memoranda and special term note of issue to be sent to chambers at least two [2] full business days prior to return date. Original papers to be supplied to the court. TROs only if mutual, except if supported by affidavit of one neither the party nor the attorney to the action. Will sign mutual TROs only in a case assigned to another judge. Oral argument required in all cases. Motions cannot be adjourned generally and can be adjourned without court permission three times by informing the court clerk or secretary.

CONFERENCES:

Civil and Medical Malpractice:
Pretrial conferences scheduled upon court's receipt of calendar note of issue. Preliminary conferences upon request or filing of RJI. Preliminary conferences are primarily for discovery issues; however, settlement may be addressed if considered to be timely by the court. All conferences before IAS judge, where available; if not available, conference may be before law clerk. No papers required. Adjournments handled on a case by case basis upon request of attorney (not attorney's staff) directly to law clerk.

Matrimonial:
Preliminary conferences scheduled under Matrimonial Rules effective November 30, 1993. Divorces proven and marked off without filing calendar note of issue. Papers required under matrimonial rules should be exchanged prior to or at date of preliminary conference; filing with court in advance not required. Conferences held before law clerk, unless requested otherwise. Adjournments handled on a case by case basis upon request of attorney (not attorney's staff) directly to law clerk.

TRIALS and REFERENCES:

Civil and Medical Malpractice:
Adjournments by judge or law clerk. No proof taken on Tuesday. Pleadings and papers for motions in limine required at post-jury selection conference. Conference with IAS judge upon completion of jury selection. Requests to charge required as early as is possible, but at least one day prior to charge conference. Charge conference by informal discussion of court's proposed charge and counsel's requests with results put on record.

Matrimonial:
References to law clerk to hear and report on divorces on stipulation and contested economics, upon full stipulation of all counsel. References to JHOs to hear and determine or hear and report on any post-divorce issue upon consent of both sides. Child support affidavit required in all cases where children are present. Judgment and findings or referee report must conform with Uniform rules, and if any relief is granted pursuant to an agreement or stipulation, it must so state. Referee's report must contain employment information on both parties and must contain a child support provision (where children are involved). Bifurcation used only on issue of fault. Divorce will not otherwise be heard without determination of all issues.