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Civil Term - Part Rules, Part 32, Courtroom G-40


IAS PART 32 (Former Matrimonial Part 59)
Courtroom G-40
Justice Rudolph E. Greco, Jr.
25-10 Court Square Long Island City, NY 11101
Chambers: 718.298.1608
Courtroom: 718.298.1668
Law Secretary: Claudia Lanzetta
Secretary: Crystal L. Roberson
Court Clerk: Sandra Hood

Preliminary Conference | Compliance Conference | Motions | Trial Preperations and Trials| Miscellaneous

 

Preliminary Conferences

A preliminary conference shall be scheduled (1) automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR 202.12(b); or (2) upon filing a written request for a Preliminary Conference with the Clerk’s office, Room 140, in compliance with 22 NYCRR 202.12(a); or (3) an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR 202.56 and 202.60.

All preliminary conferences will be held on Mondays at 11:30 A.M. at the Preliminary Conference Part, Room Number 3002, of the Jamaica , and they are presided over by the Court appointed referee, unless otherwise directed by the Court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal. Any inquiry pertaining to preliminary conferences shall be made to the preliminary conference part at (718) 298-1046.

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Compliance Conference

Compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Compliance Conferences shall be held before Justice Martin Ritholtz in Room 313. Any inquiry pertaining to a conference shall be made to the Compliance Conference Part at (718) 298-1093.

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Motions

All motions shall be made returnable and heard Monday through Thursday at 2:15 P.M. and on Fridays at 11:00 AM, in the Centralized Motion Part (“CMP”) located in the Jamaica courthouse at 88-11 Sutphin Boulevard, Jamaica, NY 11435, courtroom 25. Any and all inquiries pertaining to CMP motion practice shall be directed to CMP at (718) 298-1728.

Motions must comply with the CMP rules which can be found at the following link: www.nycourts.gov/courts/11jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf , and with the rules below.

With respect to Part 32 motions specifically:

Personal appearances are mandatory on all disclosure and discovery related motions and for all orders to show cause. All other motions may be deemed submitted without a personal appearance. Conferences and/or oral arguments on such motions will be held at the discretion of the Court, and counsel will be notified prior thereto. An attorney appearing on a case for a mandatory appearance or any other purpose must be familiar with the case, ready and authorized to resolve any and all issues, as well as enter into settlements. Settlements/agreements on discovery issues are strongly encouraged, and if not readily entered into subject to conference, and recommendation as set forth in a written order. Whenever personal appearance is not required calendar service may submit responsive papers.

• Answering papers, including cross-motions with proof of payment of the appropriate fee, (see CPLR § 8020[a]), affirmations in opposition and reply affirmations, will be accepted only on the return date. The Court will not consider papers sent to Chambers or to the Part after full submission. Papers so submitted shall be returned with a notation that they were “unread”. All e-filed motions, should be submitted with a working copy of the complete document including exhibits, together with a confirmation attached thereto. Counsel should be ready with a duplicate copy of any papers asked to be considered and if the Court does not have a hard copy of the motion and any answering papers, such motion will be marked off calendar, or in the case of opposition, the motion will be considered unopposed.

• All motions and ex-parte applications submitted to the Court shall be in compliance with Uniform Rule §202.5. In addition, all pages and paragraphs must be numbered and all exhibits are to be preceded by an exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from being lost. Failure to comply with the requirements of this section may result in rejection of the non-complying papers.

No adjournments will be granted by telephone, mail or fax. Applications for adjournments on consent or otherwise will be entertained in person only at the call of the calendar. Calendar service or non-attorneys are not permitted to make these applications if not on consent. Adjournments on consent will be allowed by written stipulation containing the signature of the consenting attorney, and a schedule for exchange of answering papers. Members of the bar are to make every effort to notify their co-counsel and adversaries of all requests for adjournment. Adjournments will be limited to two, absent extenuating circumstances.

• Calls regarding the status of a decision on a motion will not be entertained by Chambers unless the decision has been pending for more than 60 days. In that case, the request must be in writing, contain the name of the matter, index number, and date the motion was marked fully submitted. Such request can be faxed to Chambers at (718) 520-7376.

• Counsel are advised to alert Chambers of any settlements reached during the pendency of a motion, and to include the withdrawal of such motion in their agreements.

• Copies of motion decision will not be sent to counsel. Decisions can be retrieved on-line or at the County Clerk’s office located in the Jamaica courthouse, Room 106.

Any other inquiries as to case or calendar are to be made to the appropriate clerk’s office:

IAS Motion Support Office (718) 298-1009 Ex-Parte Support Office (718) 298-1018

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Trial Preperations and Trials

Trail Preparation and Trials

1. Pre-Trial Conferences will be held prior to the start of every trial. At this conference counsel should be prepared to: • Discuss settlement • Advise the Court as to all anticipated disputed issues of law and fact, and provide the Court with copies of all statutory and common law authority upon which counsel will rely. • Stipulate to undisputed facts and the admissibility of clearly admissible documents and records. • Advise the Court of any anticipated in limine motions or evidentiary objections which counsel intends to make. • Advise the Court of any anticipated requests for jury instruction relating to missing witnesses and/or documents. • Advise the Court of any anticipated request for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16. • Discuss scheduling as well as the number and availability of all witnesses and subpoenaed documents. The Court should be alerted as to any anticipated problems regarding the attendance at trail of parties, attorneys or essential witnesses, as well as any other practical problems related to scheduling.

2. Scheduling: Trials will be conducted on a continual basis until conclusion. No adjournments or delays during the trial will be accepted, unless exigent circumstances exist.

Tort actions are generally bifurcated. The Court expects, unless advised previously by counsel, that any trial on damages will follow immediately after a verdict finding a defendant liable.

3. Motions in Limine may be made orally, however must be supported by a written memorandum of law to be submitted to the Court and provided to opposing counsel, with a copy of any cases cited and the pages of evidence law treaties cited therein. All prior decisions and orders relevant to any in limine application must be provided to the Court. All written motions in limine require proof of payment of the required fee.

4. Be Prepared. Plaintiff’s counsel shall requisition the file to the Part 32 courtroom immediately after assignment of the case to the part. Counsel must advise the Court, Part Clerk and Court Officer or any special needs, e.g., easels, blackboards, shadow boxes, television, subpoenaed material, etc., in advance, so as not to delay the progress of the trial. Requests for interpreters must be made immediately upon assignment of the case to the Court, Part Clerk and Judge’s secretary.

5. Marked Pleadings Plus. Prior to the start of a trial, plaintiff’s counsel shall furnish the court with copies of marked pleadings, the bill of particulars, and a copy of any statutory provisions in effect at the time the cause of action arose, upon which any party relies. Additionally, counsel for all parties shall provide to the Court:

• A list of exhibits which parties are expected to stipulate to.

• A summary of all expert reports to be offered into evidence together with a glossary of terms that will be used or are expected to be used by the expert witness but are typically unfamiliar to a lay person.

• All reports, depositions and written statements which may be used to either refresh a witnesses recollection and/or cross-examine the witness.

• To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, in advance, provide the Court and your adversary(ies) with the page and line number of all such testimony. Objections may be addressed prior to use before a jury.

• A list of the names of all witnesses to be called, and for each a brief summary of their testimony.

• Proposed jury charges and proposed verdict sheets. Jury charges should be referred to by PJI number and topic. Amendments thereto shall be permitted at the final charging conference. If any changes are suggested, then the entire proposed change should be set forth, and the changes highlighted. Citations to appropriate statutory or common law authority in a brief written memorandum must be given in support of suggested non-PJI charges, any special charges, or suggested PJI modifications.

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Settlements and Discontinuances

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by submission of a copy of the stipulation of settlement or a letter. All stipulations of discontinuance must be accompanied by proof of payment of the appropriate fee. (CPLR §8020[d][1]).



Uncontested Matrimonials

Any corrections to a rejected set of matrimonial papers must be submitted directly to chambers no later than the date provided for in the Memorandum for Corrective Action.


Infant’s Compromise Orders

Before submission of an infant’s compromise order, counsel shall obtain from the clerk an infant compromise checklist to ensure the submission of all necessary information and documentation. Orders sent to chambers without all of the required paperwork will be returned to counsel. Proof of payment of required fees is also required. Hearings will be scheduled by the Court and plaintiff’s counsel will be notified my mail.

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Miscellaneous

Correspondence is to be sent in ONE of the following ways: via facsimile or United States postal service or Federal Express mail.

Ex parte communications will not be considered and will be returned with a notation that they were “unread”.

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