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New York StateUnified Court System

Civil Term - Part Rules, Part 8, Courtroom 68


Justice Jaime A. Rios
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph.: 718-298-1079
Courtroom Ph.: 718-298-1051
Fax Ph: 718-298-1122

Article 75 Motions | Orders to Show Cause | Other Motions | Condemnation Proceedings | Article 75 Trials | Other

 

Article 75 Motions

  1. All petitions or orders to show cause relating to Uninsured/Supplementary Underinsured Automobile Insurance arbitrations are calendared every Wednesday at 11:00 a.m. promptly. A second calendar call will follow shortly thereafter.
  2. Petitions appearing on the calendar for the first time may be adjourned for submission of opposition papers. All petitions must be accompanied by affirmations or affidavits of service.
  3. Personal appearance is required; however, calendar service is permitted both to submit papers and to request consent adjournments, which will be limited to two.
  4. Adjournments on consent will be allowed upon written stipulation signed by all parties. All stipulations must contain the signature and printed name of the attorney or pro se litigant consenting to the adjournment. A form containing only the name of the firm on a stipulation will not be accepted.
  5. All petitions previously appearing on the calendar will be calendared for a framed issue hearing or will be conferenced with the Justice or the Referee.
  6. Petitions may be withdrawn by the petitioner without prejudice, with or without consent, at any time.
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Orders to Show Cause

  1. Any order to show cause requires the appearance of the parties on the return date. Counsel should be prepared to discuss the merits of their argument at the Court¹s discretion. The movant shall provide the Court with proof of service.
  2. No temporary restraining order contained in an order to show cause will be extended beyond the initial return date of the motion except upon written stipulation executed by all parties which is "so ordered" by the Court or as otherwise directed by the court.
  3. If the parties or counsel cannot agree to the continuation or termination of a temporary restraining order, all counsel and any pro se litigant must appear on the return date of the motion. Failure to appear will be deemed a waiver of the defaulting party¹s position with respect to the continuation or termination of any temporary restraining order contained in the order to show cause
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Other Motions

  1. All motions in mortgage foreclosure proceedings and NYCTL proceedings are calendared on Wednesdays at 11:00 a.m.
  2. Appearance is required on all motions.
  3. Motions will be heard for all purposes on the return date at which time the Court, in its discretion, will determine whether the motion shall be submitted, adjourned, conferenced or otherwise addressed.
  4. All moving papers are to be submitted through the Motion Support Office. All responsive papers are to be filed with the Clerk of the Part on the date of the calendar call. The Court will not accept supplemental affirmations," "further affirmations," "surreply affirmations," or other sur-reply papers unless prior authorization has been given by the Court. Papers submitted in violation of this rule will be disregarded.
  5. Motions may be withdrawn by the moving party without prejudice, with or without consent, at any time.
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Condemnation Proceedings

  1. All proceedings initiated under the Eminent Domain Procedure Law are calendared every Friday at 9:30 a.m., promptly.
  2. Counsel should be prepared to discuss the merits of their argument.
  3. Adjournments are at the discretion of the Court
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Article 75 Trials

  1. The Trial Calendar is called every Tuesday and Thursday at 9:30 a.m.
  2. Prior to any hearing, the petitioner must file a note of issue. Where the petitioner fails to file a note of issue pursuant to an intermediate order issued in the proceeding, the proceeding is subject to dismissal.
  3. On the hearing date, the parties shall be prepared to furnish the court with copies of the pleadings and a stamped copy of the filed note of issue. In addition, on the hearing date the parties shall be prepared to furnish the Court with memoranda of law, cases and/or statutes which support their contentions.
  4. Hearings may be held either by the Court or by the Referee where the parties stipulate to allow the Referee to hear and determine on consent.
  5. Matters will be tried, to the extent possible, in chronological order as reflected by the date of the Request For Judicial Intervention.
  6. Hearings shall not be continued unless permitted by the Court in extenuating circumstances.
  7. Proceedings appearing on the trial calendar may be discontinued by the petitioner at any time, pursuant to a stipulation of discontinuance. The petitioner must file the stipulation of discontinuance in advance with the Clerk of Queens County and pay the requisite filing fee.
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Other

  1. Counsel are not to call chambers to request adjournments. Stipulations of adjournment may be faxed to chambers.
  2. Counsel are to make every effort to notify their adversaries and co-counsel of all applications for adjournments in advance.
  3. At the motion or trial calendar call, the Court will choose the date for all adjournments. The Court will usually be unable to honor dates chosen by the parties.
  4. No adjournments will be granted over the telephone.
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