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New York StateUnified Court System

Civil Term - Part Rules, Part 5


Justice Mojgan C. Lancman
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Phone: (718) 298-1770
Courtroom Phone: (718) 298-1005
Principal Court Attorney: Andrew G. Vassalle, Esq.
Clerk of the Part: Rosalind Holmes

 

Appearances | Paper Submissions | Adjournments | Briefing Schedules | Status of Decisions

 

Motions


All motions shall be made returnable and heard on Mondays at 9:30 a.m. at the Jamaica Courthouse located at 88-11 Sutphin Boulevard, Jamaica, New York 11435 in Courtroom 45. Failure to notice a motion in compliance with the designated day, time and location above may result in the motion being “Marked Off” calendar.

There will be only one calendar call at 9:30 a.m. In the event that counsel has other matters to attend to, counsel shall check-in with the Clerk of the Part no later than 9:15 a.m. and provide his or her contact information.

Oral Argument of all motions is required. Motions shall be argued in the order they are marked ready.

The Court may administratively reschedule any application or motion noticed for a holiday or a day on which the part is closed. Information will be available on e-courts. Should the Part administratively reschedule, the movant will be responsible for notifying all parties of the administratively rescheduled date and providing proof of same to the Part on the rescheduled adjournment date.

In any case where a motion is “Marked Off” for non-compliance with the Part Rules such as improper notice, failure to appear in court as required by the Part Rules, or failure to provide a working copy of an e-filed motion, a new timely motion for the original relief sought may be filed in accordance with the Part Rules. A motion to Restore, Renew or Reargue is NOT required.

Upon the settlement or discontinuance of an action, the parties shall contact the court immediately to withdraw any pending motion or application. Stipulations of settlement or discontinuance shall immediately be sent via e-mail to avassall@nycourts.gov and filed with the court.

 

 

Appearances


The appearance of counsel and pro se litigants is mandatory for all motions and applications. All motions will be argued and all applications will be conferenced. Any attorney appearing on a motion MUST be familiar with the case, prepared, and authorized to resolve any and all issues.

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Paper Submissions


All responsive papers, including cross-motions, opposition and reply papers, must be submitted in person on the return date of the motion. The papers may be submitted by counsel and pro se litigants. Although the appearance of counsel and pro se litigants is mandatory for all motions and applications, clerical service is permitted to submit papers on the return date of the motion provided that the attorney on whose behalf the papers are submitted is present for the motion. Should counsel not be present for a motion or application, any papers submitted by clerical service on his or her behalf will be rejected.

The Part does not accept any responsive papers by mail or by fax. Papers shall not be accepted prior to the call of the calendar.

No sur-reply papers, reply papers to an Order to Show Cause, or additional papers, shall be accepted after a motion is marked “fully submitted” without express permission of the court.

Cross-motions must be timely made pursuant to CPLR § 2214 (b).

Cross-motions shall NOT be considered as opposition to main motions. Papers proffered in opposition to the main motion shall be contained in a standalone document and not subsumed in a cross-motion. Likewise, papers proffered in opposition to a cross-motion shall be a standalone document and not subsumed in a reply. Failure to comply with the requirements of this section may result in the rejection of the offending motion.

Motions to renew and/or reargue shall contain a copy of the court’s original decision and copies of all papers submitted in support of the original motion.

At the call of the calendar, affidavits of service relative to an order to show cause must be presented.

With respect to any motion or application subject to E-FILE, a working copy must be submitted at the call of the calendar. Failure to present the required working copy at the calendar call will result in the matter being marked off the calendar or the e-filed papers not considered. Each working copy must include, firmly affixed to the back of the motion papers, a copy of the confirmation notice received from the NYSCEF site upon the electronic filing of such documents. A party that has opted out of participation in e-file will file documents in hard copy which will include, on a separate page firmly affixed thereto, the “NOTICE OF HARD COPY SUBMISSION– E-FILED CASE” form, which can be found on the NYSCEF site at https://iapps.courts.state.ny.us

All motion papers, including working copies, shall be securely fastened and shall have protruding exhibit tabs.

All motions shall be accompanied by a proposed order or, where applicable, a proposed judgment.

If the Court directs that an order or judgment be settled or submitted on a motion in an E-filed case, working copies of all proposed orders/judgments MUST also be submitted to the Foreclosure Part in Room 22A before an order or judgment can be reviewed by the Court. As appropriate, the Clerk may make changes on the proposed orders/judgments by hand.

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN THE IN THE MOTION BEING MARKED OFF OR THE COURT’S REJECTION OF THE OFFENDING PAPERS.

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Adjournments


Applications for adjournments on consent, or otherwise, will be entertained ONLY at the call of the calendar, and will not be entertained by mail, e-mail, fax or telephone.

Calendar service or non-attorneys are not be permitted to make applications for adjournments.

Only ONE adjournment will be permitted.

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Briefing Schedules


If a motion is adjourned on the original return date, a briefing schedule will be issued with dates for responsive papers. This briefing schedule shall be set forth in a so-ordered stipulation.

Failure to comply or serve responsive papers in accordance with the briefing schedule shall result in the rejection of those papers on the adjournment date.

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Status of Decisions


Copies of decisions or orders relative to motions WILL NOT be sent to counsel unless deemed necessary by the Part. Decisions or orders can be retrieved on-line or at the Queens County Clerk’s office.

Calls regarding the status of a motion WILL NOT be entertained by chambers, and must be made only to the Clerk of the Part.

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