Hon. Timothy J. Walker, J.C.C.
Acting Supreme Court Justice
Email: tjwalker@courts.state.ny.us

Judicial Directory Information

CHAUTAUQUA COUNTY CHAMBERS
P.O. Box 292
Chautauqua County Courthouse
Mayville, NY 14757
Ph: (716) 753-4464
Fx: (716) 753-4585

ERIE COUNTY CHAMBERS
Part 20 - Third Floor
25 Delaware Avenue
Buffalo, NY 14202
Ph: (716) 845-7479
Fx: (716) 851-3440

MOTIONS:
Every Monday at 9:30 a.m.
Infant Settlements at 9:15 a.m.

Attorneys shall contact Marjorie Davis prior to scheduling same.

1. Courtesy copies of all moving papers, answering papers, memoranda and special term notes of issue must be received by chambers (Mayville) at least five (5) days prior to the return date, and before 2:00 p.m. Reply papers and memoranda, if any, must be received at least one (1) day prior to the return date, and before 2:00 p.m., and shall not re-iterate previously filed pleadings. Cross-motions shall be governed by the CPLR (as amended, 2007), and the Court requires strict compliance with CPLR §2214(b). Only papers served in accordance with the provisions of these rules will be read in connection with any such motion or cross-motion. Except as noted below as to Orders to Show Cause, the originals of all papers shall be filed with the Office of the Clerk of the County in which the matter is commenced/pending. Oral argument is expected on all cases, unless a) the motion is known in advance to be uncontested or b) a letter requesting the motion be decided on the papers is received by the Court prior to the original return date. Discovery motions may be subject to a conference with the Law Clerk prior to argument on the return date. Discovery and motions for a Bill of Particulars must be accompanied by the affirmation of good faith required by 22 NYCRR § 202.7. Original papers must be supplied to Chambers on an Order to Show Cause; on all other motions copies are acceptable. Counsel shall refrain from citing case law in affidavits and/or affirmations.

2. Motions involving solely Erie County attorneys may be heard in Buffalo Chambers (3rd floor - 25 Delaware Avenue, Part 20) if the Court’s schedule permits. Attorneys are requested to contact Cynthia Sardina to arrange a date and time for same.

3. Special Term Motions are called in the order in which attorneys check in. Kindly report with the Court Clerk immediately upon arrival.

4. Motions, cross-motions and orders to show cause will not be scheduled until and unless chambers receives a paid, stamped Request For Judicial Intervention and/or a special term Note of Issue showing the original papers were filed with the office of the clerk of the county in which the matter is commenced/pending.

5. After motions are decided, counsel who prepares the order shall obtain all the original motion papers from the Court Clerk.

Orders:
Must be submitted within ten (10) days with verification that the order has been served upon all opposing counsel (or pro se litigants), and that no objection has been received within three (3) days of service. Orders will not be signed without verification of opportunity of opposing counsel to review.

CONFERENCES:

Civil:
Preliminary and Pre-trial conferences are automatically scheduled upon Court’s receipt of filed RJI or calendar note of issue. Otherwise, a preliminary conference may be scheduled upon request. Prior to the initial conference, counsel shall provide the Court with copies of all pleadings, bills of particulars and a one (1) paragraph summary of the case. At the conference, a scheduling order will be issued. Counsel shall bring calendars, including trial availability, to all conferences. Conferences shall take place with Confidential Law Clerk (or the Court, as matters dictate). Conferences involving one or more Chautauqua County attorneys will be held in Mayville. Conferences involving solely Erie County attorneys may be held in Buffalo upon consent of all attorneys.

TRIALS AND REFERENCES:

Civil:
The Court adheres strictly to trial schedules. Marked pleadings, requests to charge, witness lists, proposed verdict sheets and papers for motion in limine required one (1) week prior to commencement of trial. Motions in Limine shall be decided prior to commencement of trial. A conference with Court will be held upon completion of jury selection. A final charging conference will be held prior to summations. Deadline on expert disclosure, without good cause shown, is thirty (30) days before the scheduled commencement date of jury selection.

MORTGAGE FORECLOSURES:

1. The caption of all Orders Appointing Referee to Compute and proposed Judgments of Foreclosure shall include the address of the property being foreclosed upon in the caption;

2. All exhibits shall be separately tabbed for easy location by the Court, including the bill of costs and the mortgage;

3. In order to receive an award of attorneys fees, the submitted copy of the mortgage shall have highlighted the language allegedly entitling the party to such an award.

GENERAL RULES:

Adjournments:
1. No same day adjournments permitted except in extraordinary circumstances and only upon consent of the Court.

2. Motions shall not be adjourned generally. The first and second adjournments may be obtained without Court permission, on consent of all counsel, by informing the Court at least twenty-four (24) hours prior to the return date. Letters confirming the adjournment shall be provided to all counsel and the Court.

3. Adjournments of conferences granted only with consent of all attorneys, but remain subject to Court approval.

TROs:
Issued on a case-by-case basis. TROs shall be on notice to opposing counsel, if known. TROs in cases assigned to another Judge will be granted only upon approval of that Judge or his/her Law Clerk.

Discontinuance:
In any discontinued action, the attorney for the defendant shall file a stipulation or statement of discontinuance with the Chautauqua County Clerk within twenty (20) days of such discontinuance and shall provide the Court with a date-stamped copy of same. If the action has been noticed for judicial activity within twenty (20) days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.