New York County - Civil Branch
News & Announcements
FORMAL ANNOUNCEMENTS
AND INFORMAL NOTICES
OF INTEREST
The Commercial Division of Supreme Court, Civil Branch, New York County is instituting a new policy regarding electronic filing, effective June 15, 2008. Click here for a Statement of the Administrative Judge and the Commercial Division Justices and a Notice to the Commercial Division Bar.
May 23, 2008
BENCH-BAR FORUM - - MAY 8, 2008
Hon. Jacqueline W. Silbermann, Administrative Judge of Supreme Court, Civil Branch, New York County, and the Commercial Division Advisory Committee of the court are sponsoring a Bench-Bar Forum on Commercial Division practice at the Courthouse on May 8, 2008. Reservations are required for this event and all available seats have been taken. The Bar is encouraged to follow this page in the future for information about other programs. Forum is filled to capacity.
List of Confirmed Reservations
April 17, 2008
JUDICIAL REASSIGNMENT
The Governor of the State of New York has appointed the Honorable Leland DeGrasse to the position of Associate Justice of the Appellate Division, First Department.
Except for Tax Certiorari and Condemnation matters, cases that have been assigned to Justice Degrasse (Part 25) will be reassigned at random to other General Assignment Justices. All conferences and oral arguments will be rescheduled. Motions that have already been argued before Justice DeGrasse, but not yet decided will be transferred to the newly-assigned Justices, who will either take the motions on submission or direct reargument. Motions that have been marked submitted in the Motion Support Office Courtroom but not yet argued will be returned to the calendar of the Courtroom so that these motions and the cases in which they were made can be reassigned. Motions that have been filed but are not yet fully briefed and submitted will be reassigned to a new Justice at the earliest return date in the Motion Support Office Courtroom (Room 130).
Tax Certiorari and Condemnation cases that had been assigned to Justice DeGrasse have been reassigned to Honorable Jane S. Solomon (Part 55). Dates previously scheduled in this inventory will be maintained until further notice otherwise.
Information on individual cases can be obtained from the court’s SCROLL system, access to which is available on the court’s website at www.nycourts.gov/supctmanh (under “Case Information”). Counsel are advised to follow this space in the coming weeks for further information about judicial and case assignments. Counsel are reminded that, should adjournments of motions in the Motion Support Office Courtroom be sought in any reassigned cases, the Courtroom accepts requests for adjournments by e-mail. For details, see the notice on our website under “News and Announcements.”
April 24, 2008
Certain reassignments of cases have been made in light of the appointment of Justices to the Appellate Division.
March 5, 2008
NOTICE TO THE BAR ON CHANGES TO PROCEDURES FOR NEUTRAL EVALUATION ("MEDIATION") AND LAST CLEAR CHANCE CONFERENCES IN CITY CASES
Effective Monday, February 4, 2008, City Mediation and Last Clear Chance conferences will be held before the Hon. William Leibovitz, JHO, in Room 103 at 80 Centre Street.
City Cases with recently filed notes of issue will continue to be conferenced on Tuesday, Wednesday and Thursday at 9:30 am in Room 103 at 80 Centre Street.
City Mediation, which in the past was held on Tuesdays and Thursdays, will now be held on Tuesdays, Wednesdays and Thursdays at 11:00 AM in Room 103 at 80 Centre Street.
Last Clear Chance conferences will be scheduled on Mondays at 11:00 AM in Room 103 at 80 Centre Street. If a court holiday falls on Monday, the Last Clear Chance conferences will be held on Tuesday of that week.
All previously scheduled Mediation or Last Clear Chance dates will be honored but the time shall be changed to 11:00 AM and the location shall be changed to Room 103 at 80 Centre Street.City Trial Ready cases, scheduled to select, will proceed as usual before the Hon. Ira Gammerman, JHO, at 9:30 AM in Room 242 at 60 Centre Street. There are no changes to that calendar.
Attorneys are advised to consult "SCROLL" (under Case Information on the homepage of this website), the "E-courts" portion of the court system website (www.nycourts.gov) or the New York Law Journal to confirm court appearance dates and times.
January 2008
Certain reassignments of cases have been made in light of the appointment of Justices to the Appellate Division.
January 8, 2008
BENCH-BAR FORUM: MEDICAL MALPRACTICE LITIGATION IN NEW YORK COUNTY SUPREME COURT
On December 3, 2007, a Bench-Bar Forum on Medicial Malpractice Litigation was held in the court. This Forum was very successful, both very well presented by an experienced panel of speakers and attended by a large and interested audience. The Court intends to offer similar programs from time to time in the future.
Use the links below for access to the December 3 Program Materials.
Table of Contents - Program Summary and Agenda - Panelists - Wisdom from a Medical Malpractice Judge
Ex Parte Interviews, first part
Ex Parte Interviews, second part
Arons v. Jutkowitz (November 27, 2007)
Ethics and Medical Malpractice
Dealing with Liens, first part
Dealing with Liens, second part
NOTICE TO THE BAR REGARDING APPLICATIONS FOR
TEMPORARY RESTRAINING ORDERS SUBMITTED TO
THE EX PARTE OFFICEPursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice. In the absence of such prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought of the time, date and place that the application will be made sufficient to permit the party an opportunity to appear in response to the application. It is the practice of this court that the applicant must notify the party against whom the restraining order is sought of the time and date that the application will be submitted to the Ex Parte Office. Further, counsel shall advise the adversary that he or she will inform the adversary of the place, date and precise time when the Justice will entertain the application. Once the papers have been submitted to the Ex Parte Office, applying counsel shall contact the Part of the Justice in question to determine when and where it will be convenient for the Justice to entertain the application. Counsel shall then promptly notify the adversary. Counsel shall not appear in the courtroom of the assigned Justice without having first made such an inquiry.
Dated: August 21, 2007
NOTICE TO THE BAR REGARDING NEW LEGISLATION
ON THE TIMING AND SERVICE OF
MOTIONS AND CROSS-MOTIONSLegislation went into effect on July 3, 2007 making changes to the Civil Practice Law and Rules in regard to the timing and service of motions and cross-motions. For access, click here.
NOTICE TO THE BAR REGARDING NEW RULE
ON THE SUBMISSION OF PROPOSED
COUNTER-ORDERS AND COUNTER-JUDGMENTSUniform Rule 202.48 (c) (2) was amended recently, effective September 1, 2007, to require that proposed counter-orders and counter-judgments be submitted together with a copy that has been marked clearly to indicate each change to the proposed order or judgment that is being suggested. For the text, click here. The Supreme Court, Civil Branch, New York County has had a similar rule in place for some time (see Rule 16 (b) of the Rules of the Justices).
July 18, 2007
NOTICE TO THE BAR REGARDING MOTIONS RETURNABLE IN
THE MOTION SUPPORT OFFICE COURTROOMEffective February 1, 2007 and until further notice, the Motion Support Office Courtroom (Room 130) will operate a pilot program that will accept in electronic form certain papers regarding motions returnable in the Courtroom. The papers that may be submitted in this way consist of the following: (i) stipulations of adjournment; and (ii) an affirmation or affidavit reciting that oral consent to a requested adjournment was obtained (with proof of service). These papers must comply with the practices of the Courtroom, which are described on the court’s website at:
www.nycourts.gov/supctmanh/motions on notice.htm
Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. In addition to the caption and the index number, each submission must identify the date on which the motion is then returnable. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted.
Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. However, counsel should understand that requests for adjournment by stipulation or on consent recorded in an affidavit/affirmation of counsel will be granted if the request complies with the procedures of the Courtroom, including that with such adjournment there be no more than three adjournments for a total of no more than 60 days (Uniform Rule 202.8 (e) (1)). Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification. Counsel may confirm the outcome of a request by consulting the “Motion Support Calendars” link on the home page of the court at www.nycourt.gov/supctmanh. The dispositions of each day’s Room 130 calendars are posted on the website at 3 P.M. in the afternoon of the same day.
Effective immediately, the “All Papers By” calendar is being abolished except with respect to motions already on that Calendar.
Dated: January 18, 2007
HON. JACQUELINE W. SILBER MANN
ADMINISTRATIVE JUDGE
NOTICE TO THE BAR
YEAR-END REASSIGNMENTSEffective January 2, 2007, the following reassignments will be taking place:
Honorable Robert D. Lippmann (Part 21 (Transit Part)) and Honorable Phyllis Gangel-Jacob (Appellate Term) will be retiring from the Bench.
Honorable Donna Mills will take over Part 21. Honorable Marilyn Shafer will leave City Part 62 and will be assigned to Trial Part 8 and Article 81 matters. Justice Karen S. Smith will take over City Part 62. Honorable Milton Tingling (currently assigned to Motor Vehicle Part 22) will be reassigned to General Assignment Part 44 (currently assigned to Justice Smith). Honorable Deborah A. Kaplan (currently a Judge of the Civil Court, New York County) will become a Supreme Court Justice by Designation and will be assigned to Motor Vehicle Part 22 (currently assigned to Justice Tingling). Honorable Rosalyn Richter (Part 24) will take on a matrimonial assignment and Article 81 matters and the inventory of her current General Assignment Part (Part 24) will be reassigned at random among a group of Justices.
The Transit Part (Part 21) is open for electronic filing. It is anticipated that Motor Vehicle Part 22 will become an e-filing Part early in the new year.
Mental Hygiene Law Article 81 matters will be assigned at random among the following: Justices Sherry Klein Heitler, William P. McCooe, Rosalyn Richter, Marilyn Shafer, John E.H. Stackhouse, Milton Tingling, and Lottie Wilkins. Justice Gangel-Jacob will become a Judicial Hearing Officer for this inventory.
Changes in certain courtroom and telephone numbers have been necessitated by these changes in assignment. New numbers are as follows:
Justice Part Courtroom Phone
Tingling 44 321, 60 Centre 646-386-3370
Mills 21 574, 111 Centre 646-386-3738
Shafer 8 278, 80 Centre 646-386-3572
Kaplan 22 136, 80 Centre 646-386-3271
Smith 62 280, 80 Centre 646-386-3728
Payne 4 581, 111 Centre 646-386-3726December 27, 2006
ON-LINE ACCESS TO COURT RECORDS
AND DATA
The Supreme Court, Civil Branch, New York County will shortly introduce a system that will afford attorneys and litigants unprecedented access to court information and case documents via the internet. Some time ago, the Chief Judge of the State of New York, Honorable Judith S. Kaye, announced that the court system would begin to make court documents available on-line. The Unified Court System has designated two venues in the State to serve as pilot locations for programs of broad access to court records on-line. The Supreme Court, Civil Branch, New York County is one of these.
Our court has developed, in a close partnership with Honorable Norman Goodman, the County Clerk of New York County, a software program that will enable us to provide on-line access to a wide array of case data and case documents in most case categories in our court. On or about September 15, 2006, our court will post this program on this website. The program, which is called the "Supreme Court Records On-Line Library" or SCROLL," will provide the user, from the convenience of his or her office desktop or laptop, with access to the following in a simple, integrated format: (i) County Clerk data on cases filed in our court; (ii) Court case history data (from the Civil Case Information System (CCIS), the court’s internal case history computer system); and (iii) PDF images of key documents in each case (pleadings, decisions and orders, RJI’s, and the like).
For detailed information about the SCROLL system and related rules, click here.
July 7, 2006
AMENDMENTS TO UNIFORM RULES REGARDING DEPOSITION PRACTICE, TEMPORARY RESTRAINING ORDERS, ATTENDANCE OF CARRIERS AND OTHERS AT PRETRIAL CONFERENCES, AND 60-DAY NOTICES ABOUT MOTIONSEffective October 1, 2006, the Uniform Rules for the Trial Courts have been amended with respect to deposition practice, temporary restraining orders, and the attendance of insurance carriers and others at pretrial conferences regarding settlement. Further, an amendment has been made effective on the same date to the Rule about notice to the court of a motion undecided after 60 days from submission or oral argument (Uniform Rule 202.8 (h)); for this Rule as amended, click here.
LEGION INSURANCE CO. AND RELIANCE INSURANCE CO. CASES
For information on requests for leave to withdraw as counsel in Legion Insurance Co. and Reliance Insurance Co. cases, click here.
NOTE ON NEW COURT FEES
New Fees
Legislation recently enacted has increased civil fees for Supreme Court, Civil Branch, and introduced some new fees as well. Effective July 14, 2003, fees will be as follows:
Index Number - $ 210
Request for Judicial Intervention - $ 95
Note of Issue - $ 125
Note of Issue (RJI fee previously paid) - $ 30 *
Jury Demand - $ 65
Notice of Appeal - $ 65
Filing of a Motion - $ 45
Filing of a Cross-Motion - $ 45
Filing of a Stipulation of Settlement - $ 35
Filing of a Stipulation of Discontinuance - $ 35* If a Note of Issue is filed after July 14, 2003 in a case in which an RJI was filed prior to that date, the fee will be $ 30 even though the RJI fee paid was $ 75.
Amendments to CPLR 2104 and 3217 require the defendant to file with the County Clerk a stipulation of settlement or a notice, stipulation or certificate of discontinuance.
As mandated by the Legislature, the court will do its best to see to it that the required fees are paid. At the same time, as the purpose of the legislation was solely to generate funds, the court will seek to enforce the new regime in a way that avoids the loss of rights for any party.
Fees on Motions and Cross-Motions
The legislation shall be implemented as follows with regard to motions and cross-motions:
– The new motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. Similarly, an ex parte application for pre-action disclosure (CPLR 3102 (c)) would not require payment of the motion fee because it requires an index number fee and commences an "action" for this purpose. However, any motions made after the initial applications in these situations would require payment of the motion fee. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. Uncontested matrimonial matters do not require payment of the motion fee.
– The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required.
– The fee must be paid on post-judgment motions and cross-motions made in writing.
Procedures for the Handling of Motions/Cross-Motions
Attorneys making motions by notice of motion should present the papers to the Motion Support Office (Room 119, 60 Centre Street) in the first instance. The staff of that office will inspect the papers for form and, if they are satisfactory, mark them indicating that they are acceptable for filing. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective and will be rejected (e.g., motions lacking proof of service or noticed for the wrong date). The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse. When the fee is paid, the County Clerk will place on the front of the notice of motion proof of payment in the form of a cashier’s receipt stamp. This will be similar to the process now followed with Requests for Judicial Intervention. The filer should then return to the Motion Support Office and deliver the papers. The Motion Support Office will not accept motions that do not bear the cashier’s receipt stamp but will require the procedure just described to be followed.
The same process should be followed with cross-motions except that, after preliminary review in Room 119 and the obtaining of the cashier’s receipt stamp, the papers should be delivered to the Motion Support Office Courtroom (Room 130) on the return date. The staff of the Motion Support Office Courtroom will not accept cross-motions that lack the stamp; once the Motion Support Office (Room 119) has approved the cross-motion for form and so marked the papers, the filer must pay the fee and return to the Courtroom to hand in the papers. The Motion Support Office will accept the cross-motion bearing the cashier’s receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call (and also, of course, that the papers were timely served and are in compliance with the procedures of the Courtroom).
The staff in court Parts will likewise accept cross-motions on the call of the calendar in the Part only if they bear proof of payment of the fee in the form of the cashier’s receipt stamp.
Attorneys who seek to present to the Ex Parte Office (Room 315) or the Commercial Division Support Office (Room 148) orders to show cause or ex parte applications for which a motion fee is required should obtain preliminary approval from the Office, pay the motion fee and receive a cashier’s receipt stamp on the papers from the County Clerk in Room 160, and then submit the papers to the one or the other Office.
Stipulations of Settlement or Discontinuance
The recent legislation introduced fees for the filing of stipulations of settlement and stipulations of discontinuance. Stipulations of partial discontinuance of an action require payment of the fee. The legislation has placed upon the defendant the obligation to file these documents. This court will continue, as in the past, to accept letters and signed responses to case inquiries informing us that a case has been settled and we will mark cases accordingly in our computer system. We will also continue to mark cases as settled as in the past when a settlement is reached in our Neutral Evaluation Program (informally known as "Mediation"), just prior to or during jury selection, or before a Justice. When stipulations of settlement or stipulations of discontinance are filed, however, they must be accompanied by a check or other approved form of payment for the required fee ($ 35). These stipulations accompanied by proper payment should be delivered to the Cashier of the County Clerk (Room 160). The County Clerk will thereafter transmit these stipulations to the Trial Support Office (Room 158) so that the court can confirm that the court’s computer has been marked to reflect the disposition. The County Clerk will expect to receive payment when these stipulations are filed regardless of which party is doing the filing; the parties should resolve between themselves the final responsibility for the fee.
Methods of Payment
The New York County Clerk will accept payment of fees only in cash, or by Visa or MasterCard credit cards, New York attorneys’ checks, certified checks, or postal money orders. All Supreme Court, Civil Branch, New York County fees shall be made payable to the New York County Clerk.
Additional Information
With regard to stipulations of settlement and discontinuance, see the Trial
Should further information about the new fees become available or if any modifications are made in the foregoing principles or procedures, notice will be posted on this website. The Bar is requested to follow this site for such information.
Dated: July 10, 2003
COURT NOTE
It is the policy of the Supreme Court, Civil Branch, New York County to do everything possible to facilitate use of the court by persons with disabilities. Attorneys or self-represented litigants who may require a disability-related accommodation for themselves, their clients, witnesses, or other persons who wish to attend a particular court proceeding are urged to contact the following court staff in the building where the matter is pending. These individuals have been designated as liaisons to assist with accommodations under the Americans with Disabilities Act:
80 Centre Street
Susan Horowitz
646-386-368571 Thomas Street
Martin McCormack
646-386-377060 Centre Street
Caren Aronowitz
646-386-3001Barbara Reaves
William Torres
646-386-3025Yasmin Beydoun
646-386-3153
In the event that counsel or self-represented litigants encounter circumstances that are not, or cannot be, sufficiently resolved by the above means, they should feel free to contact the office of the Administrative Judge, Hon. Jacqueline W. Silbermann, at 646-386-3170. Justice Silbermann will ensure that whatever accommodations are necessary and possible will be made, including relocating a hearing or trial if no other option is available.
May 20, 2003
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