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New York StateUnified Court System

Civil Term - Part Rules, Part 25G, Courtroom 48

Justice Bernice Daun Siegal
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph: (718) 298-1080
Chambers Fax: (212) 618-0698
Courtroom Ph: (718) 298-1172
Law Secretary: Alan Schiff, Esq.
Secretary: Melonie D. Holder
Part Clerk: Maria DeMarco

General Rules | Petitions to Appoint a Guardian | Motions/Petitions other than to Appoint a Guardian |

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General Rules

All Counsel must appear for all calendared matters unless specifically excused.

No telephone inquiries concerning motions or application may be made to Chambers.

Telephone call regarding Orders and Procedures are to be directed to the Guardianship Office at (718) 298-1040.

Any calls regarding legal issues or emergencies may be directed to Chambers at (718) 298-1080.

All scheduling and calendar matters shall be brought to the attention of the Clerk of Part 25G at (718) 298-1172.

Except as otherwise provided communications with Chambers shall be by letter on notice to all sides and the Court Examiner with the title of the action, index number, and the last date the action appeared on the calendar. Absent exceptional circumstances, ex-parte communication shall be disregarded.

Copies of correspondence between counsel should not be sent to the Court as same will not be placed in the Court’s file.

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Petitions to Appoint a Guardian

All petitions to appoint a Guardian shall be heard on Mondays, Wednesdays and Thursdays at 9:30 A.M.

All parties must appear on the return date of a petition to appoint a Guardian.

Applications for adjournments must be on stipulation signed by all parties and the Court evaluator, as well as approved by the Court prior to the date the matter appears on the calendar. Adjournments shall be limited to three(3), and any request thereafter must be made to the Court in person.

No adjournments will be granted by telephone on the date the matter appears on the calendar.
Stipulations requesting an adjournment shall be delivered to the Part Clerk two (2) days prior to the return date.

All stipulations of adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm by the adjournment.

Affidavits of Service for Order to Show Cause shall be filled in the Clerk’s office at least two (2) days prior to the return date.

Court Evaluator Reports shall be filed in the Clerk’s office and emailed to chambers ( at least two (2) days prior to the return date.

Court Evaluators can only distribute their report upon approval of the Court.

Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet and hourly rate(s), and must be approved by the Court prior to any payment being made.

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Motions/Petitions other than to Appoint a Guardian

Motions/Petitions other than to appoint a Guardian are heard on Tuesdays at 9:30 A.M. PROMPTLY.

Petitions for the sale of real property shall be noticed for 11:00A.M.

Adjournments of Motions and/or Petitions other than Appoint a Guardian, or any other calendered application, shall be made in the same manner as a Petition to Appoint a Guardian except that the number of applications shall not be limited to three (3).

All Motions must be submitted to the Guardianship Clerk’s Office at least seven (7) days prior to the return date. Affidavits of Service and a statement that the Affidavit of Service is in conformity with section 81.16(3) of the Mental Hygiene Law must be submitted to the Clerk’s office.

All requests for expenditures may be submitted to the Court by Application and Order Form with the recommendations of the Court Examiner.

In Guardianship matters, no discovery motions shall be allowed without prior permission of the Court. The CPLR is the governing procedure for all motions. Discovery shall not be permitted except under unusual circumstances.