New York Courts dot gov
New York StateUnified Court System

News & Announcements Archive


EXPECTED START DATE FEB. 19, 2013 JUDICIAL ASSIGNMENTS AND REASSIGNMENTS

A number of judicial assignments and reassignments have taken place effective January 2, 2013. They are as follows.

Part 12, formerly assigned to Justice Paul Feinman, has been reassigned to Justice Barbara Jaffe, previously assigned to City Part 5. The telephone number of Part 12 remains unchanged at 646-386-3273. The courtroom for Part 12 has been changed to Room 279 at 80 Centre Street.

City Part 5 has been reassigned to Justice Kathryn E. Freed. The telephone number for Part 5 remains unchanged at 646-386-3374. The courtroom for the Part remains Room 280 at 80 Centre Street.

Justice Arthur F. Engoron, previously assigned to City Part 52, has been assigned to General Assignment Part 37, a new Part. This Part is located in Room 328 at 80 Centre Street (phone: 646-386-3222). Various trial-ready non-jury cases have been reassigned from other Parts to this Part.

City Part 52 has been reassigned to Justice Margaret A. Chan. The courtroom for Part 52 is Room 289 at 80 Centre Street and the phone number remains 646-386-3742.

The Motor Vehicle Part (Part 22), previously assigned to Justice George J. Silver, has been reassigned to Justice Arlene Bluth. The courtroom for Part 22 remains unchanged at Room 136 at 80 Centre Street and the phone number continues to be 646-386-3271.

General Assignment Part 10, formerly assigned to Justice Judith Gische, has been reassigned to Justice Silver. The telephone number of Part 10 remains unchanged at 646-386-3722. The courtroom for Part 10 has been changed to Room 422 at 60 Centre Street.

Justice Silver shall, in addition, continue to preside over the Administrative Coordinating Part, Parts 40 and 40 City. The courtroom and telephone number for these Parts have been changed to Room 422 at 60 Centre at 646-386-3722.

All commercial, contract and tort actions filed in this court on or after Feb. 27, 2012 must be e-filed irrespective of the amount in controversy. It is anticipated that the Chief Administrative Judge will shortly issue an Administrative Order that will thereafter require e-filing in all new cases commenced in this county (except for matrimonial, Art.78, election law, and Mental Hygiene Law matters).

Parts 5, 10, 12, 22, 37 and 52, as well as City Part 62, are e-filing Parts. In the following Parts, working copies of documents in e-filed cases should not be submitted unless the court requests them in a specific case:

Part 5 (Freed, J.)
Part 6 (Lobis, J.)
Part 12 (Jaffe, J.)
Part 15 (Rakower, J.)
Part 19 (Scarpulla, J.)
Part 35 (Edmead, J.)
Part 37 (Engoron, J.)
Part 52 (Chan, J.)
Part 62 (Wright, J.)

Motions pending in the Motion Support Office Courtroom (Room 130) but not yet marked submitted to a Part with respect to which a judicial reassignment has occurred will be calendared as needed to effectuate reassignment of the motion. Motions that only recently were submitted to a Justice who has been reassigned but that have not yet been decided may in some instances be returned to Room 130 for re-calendaring and reassignment in accordance with the foregoing.

Information on motions may be obtained from the Supreme Court Records On-Line Library (Scroll), which is accessible at no charge on the website of the court at www.nycourts.gov/supctmanh (under “Case Information”).

Conference and other appearances previously scheduled in the Parts in which reassignments have been made will take place on the dates and at the times previously fixed unless the court provides notice otherwise. Scroll will also provide information about these appearances.

The following Justices have been designated to serve in Hybrid Parts in 2013: Justice Nancy M. Bannon (Part 42) and Justice Andrea Masley (Part 43). In these assignments they will handle work from both the Civil Court and the Supreme Court, Civil Branch, New York County over the course of the year. Appearances in Supreme Court cases in Parts 42 and 43 shall take place in Room 307 at 80 Centre Street (phone: 646-386-3237/3238). Various trial-ready non-jury cases have been reassigned to these Parts.

Another Justice will be handling matters in Supreme Court, Civil Branch, New York County on a part-time basis, i.e., Justice Kelly A. O’Neill Levy. Justice Levy, who presides over the Harlem Courthouse, will be assigned some guardianship matters in this court. Appearances shall take place at the Harlem Courthouse.

In addition, the courtrooms of some Parts have been changed although the Justice assigned thereto and the phone number of the Part remain unaltered and some Chambers assignments have been changed. They are the following:

General IAS Part 10 - - Justice George J. Silver
Chambers 626, 60 Centre Street
646-386-3019

General IAS Part 13 - - Justice Manuel J. Mendez
Courtroom 210, 71 Thomas Street
646-386-3736
Chambers 210, 71 Thomas Street
646-386-5705

General IAS Part 19 - - Justice Saliann Scarpulla
Courtroom 335, 60 Centre Street
646-386-3277
Chambers 659, 60 Centre Street
646-386-3690

Matrimonial IAS Part 51 - - Justice Matthew F. Cooper
Courtroom 212, 60 Centre Street
646-386-3846
Chambers 519, 60 Centre Street
646-386-5859

Commercial Division Part 41 - - Justice Lawrence K. Marks
Courtroom 232, 60 Centre Street
646-386-3079

Matrimonial Part 24 - - Justice Ellen F. Gesmer
Courtroom 543, 60 Centre Street
646-386-3285
Chambers 529, 60 Centre Street
646-386-3730

Mortgage Foreclosure Part - - Justice Peter H. Moulton
Courtroom 300, 60 Centre Street
646-386-3752

Medical Malpractice Part 38 - - Justice Judy Harris Kluger
Courtroom 300, 60 Centre Street
646-386-3752

Medical Malpractice Part MMSP - - Justice Douglas McKeon
Courtroom 300, 60 Centre Street
646-386-3752

Counsel are reminded that various notifications previously sent by the court by mail are no longer sent by that means. Counsel have been advised instead to sign up for the court system’s case tracking and notification service as a means to keep track of appearances in cases of interest. The service, which is known as e-Track, provides, at no charge, prompt notice by e-mail whenever an event in a listed case is recorded by court staff in the court’s case history software program. Among the events that, once recorded, will generate e-mail notification are the scheduling or adjournment of a motion or conference, the issuance of a decision on a motion, the issuance of a long form order, and the scheduling of a matter for reference or trial. Attorneys may register with e-Track, and receive notifications in, one, many or all of their cases pending in this court, or pending elsewhere. Attorneys can also arrange to receive through e-Track e-mail appearance reminders at certain intervals prior to each appearance in each listed case.

The e-Track application is accessible at the following address:

http://iapps.courts.state.ny.us/webcivil/etrackLogin

Private, for-fee tracking services are also available.


January 31, 2013


 

SCHEDULING OF CERTAIN TRIAL-READY MEDICAL MALPRACTICE CASES FOR APPEARANCES IN PART 40 TO FIX FINAL TRIAL DATES
(Revised Notice)

The Administrative Judge has issued an Administrative Order directing that certain trial-ready medical malpractice cases be scheduled for appearance in the Administrative Coordinating Part (Part 40) (Hon. George J. Silver) solely for the purpose of the Administrative Coordinating Justice's setting a final trial date for each case. To access this Order and an annexed list of the cases governed by the Order, click here. The cases listed shall appear in Part 40 (60 Centre Street, Room 422) on September 27, 2013 and on October 4, 2013 at times set by the court, as shown on the following lists:

Appearances for September 27, 2013

Appearances for October 4, 2013

At the appearances listed, a trial date will be selected and memorialized in a so-ordered stipulation. This trial date shall be a firm one and shall not be adjourned. Trial counsel must come to the appearances listed with their trial schedules so that the court may take counsels' other commitments into account when fixing the firm trial date for each case.

September 13, 2013
(Revised September 17, 2013)

;


 

On Tuesday, April 9, 2013, the Jewish Lawyers Guild in cooperation with the Gender Fairness Committee of the Civil Branch of the Supreme Court, New York County and the New York County Clerk’s Office sponsored the annual Holocaust Remembrance Program in the 60 Centre Street rotunda. Just Us, a newsletter of the Supreme Court, Civil Branch, First J.D. New York County and New York County Clerk’s Office, observes this important event with a special Remembrance Issue.

Just Us Remembrance Issue, May 2013

June 19, 2013


 

INFORMATION REGARDING CERTAIN JUDICIAL REASSIGNMENTS

 

The Governor has appointed to the Appellate Division, First Department the Hon. Paul G. Feinman and the Hon. Judith J. Gische, heretofore Justices of this court. Until further notice, Hon. Barbara Jaffe will cover Part 12, the General Assignment Part previously presided over by Justice Feinman. Part 12 will continue to be an e-filing Part. As before, working copies of documents in e-filed cases in that Part shall not be submitted unless otherwise directed in specific instances by the court. Justice Jaffe will also continue to preside over City Part 5.

Information regarding the assignment to Part 10, the General Assignment Part previously presided over by Justice Gische, will be forthcoming in the near future. Counsel are advised to follow this space for such information.

Information on cases assigned to Parts 12 and 10 is available in the Supreme Court Records On-Line Library (Scroll), which is accessible at no charge on the website of the Supreme Court, Civil Branch, New York County at the “Case Information” link at the following address:

www.nycourts.gov/supctmanh

Motions pending in the Motion Support Office Courtroom (Room 130) in cases assigned to Part 12 will be referred to Justice Jaffe after submission in the normal manner. Appearance dates in Part 12 cases previously fixed by Justice Feinman will remain in effect unless otherwise directed by the court.

Prior to summer 2012, the court provided notification by mail of certain appearances, but does so no longer. Instead, counsel should sign up for the court system’s E-Track service, which provides notification by e-mail of all appearances recorded in the court’s electronic case history program, as well as other developments recorded therein, such as the issuance of decisions and long-form orders. E-Track allows counsel to list with the service all of the firm’s cases that are pending in the Supreme Court, Civil Branch, New York County, and in other counties as well, which will permit counsel to receive e-mail notification regarding all developments in all of those cases. E-Track can also provide appearance reminders should counsel wish to avail themselves of that capability. To sign up for E-Track, counsel should go to the following address:

http://iapps.courts.state.ny.us/webcivil/etrackLogin

There is no charge for the E-Track service.

October 15, 2012


INFORMATION REGARDING CERTAIN JUDICIAL REASSIGNMENTS

 

Honorable Bernard J. Fried, Justice of the Commercial Division (Part 60), is retiring from the bench. Honorable Marcy S. Friedman, previously assigned to IAS Part 57 and to the Center for Complex Litigation, has been named a Justice of the Commercial Division, effective July 16, 2012. Justice Friedman will take over the entirety of the inventory of Part 60. Any proposed orders to show cause or other applications in Part 60 cases that require prompt judicial action should, effective immediately, be presented to Justice Friedman after submission in the normal manner to the Commercial Division Support Office.

Within a few weeks Justice Friedman will cease to be a Justice of the Center for Complex Litigation. Her place in the Center will be taken by Honorable Cynthia S. Kern (Part 55). It is anticipated that the several groups of mass tort actions that have been assigned to Justice Friedman in the Center and in Part 57 will be transferred to Justice Kern in Part 55 by August 15, 2012.

The General Assignment cases (i.e., other than mass tort cases) that have previously been assigned to Justice Friedman in Part 57 will be reassigned to General Assignment Parts, except for a small number of cases that may remain with Justice Friedman.

Applications for the approval of the transfer of structured settlements in return for lump sum payments (Structured Settlement Protection Act, GOL § 5-1701 et seq.), which have previously been assigned to Part 55, shall henceforth be assigned to Honorable Saliann Scarpulla (Part 19). All other cases that have heretofore been assigned to Justices Kern and Scarpulla in Parts 55 and 19, respectively, will remain assigned to those Justices in those Parts.

Information on appearances and other developments in any of the cases affected by these reassignments, as well as most other cases in the court, may be obtained by consulting the Supreme Court Records On-Line Library (Scroll), a joint project of the County Clerk of New York County and the Supreme Court, Civil Branch, New York County. Scroll may be accessed on the website of the court at www.nycourts.gov/supctmanh at the “Case Information” link. There is no charge to use Scroll.

Attorneys are also advised to sign up to use the court system’s e-Track case tracking and notification service. Attorneys may record in e-Track the cases in which they appear that are pending in Supreme Court, Civil Branch, New York County. Then, whenever a development occurs in any such case that is recorded in the court’s case history database (e.g., issuance of a decision or order, change of the scheduled date of a conference), a notification will be automatically transmitted by e-Track to counsel via e-mail. Attorneys may also schedule electronic reminders of upcoming appearances via e-Track. The e-Track application is accessible on the website of the New York State Unified Court System at http://iapps.courts.state.ny.us/webcivil/ecourtsMain or at the “E-Courts” link from the home page at www.nycourts.gov. There is no charge to use e-Track.

Certain notices of appearances that were previously provided by the court by mail will no longer be transmitted. Counsel should use e-Track to obtain notification thereof.

Justice Friedman will take over Justice Fried’s courtroom (Room 248) in August 2012. Between now and then, any delivery for Part 60 shall be made to Justice Friedman in Room 335. Counsel are reminded that most cases in Part 60 are e-filed matters. The telephone number of Part 60 will remain unchanged (646-386-3310). Justice Friedman’s Chambers and Chambers telephone will remain the same. The courtrooms and Chambers of Justices Kern and Scarpulla and their telephone numbers shall remain unchanged.

July 16, 2012 (updated July 31, 2012)

 


SPECIAL NOTICE TO COUNSEL REGARDING BLOCKBUSTER CONFERENCES - - UPDATED

 

In order to assure that cases move through the court to resolution in an expeditious and efficient manner, the Supreme Court, Civil Branch, New York County is instituting a special “blockbuster” program for various post-note cases pending in a number of Parts.

Beginning May 14, 2012, a special conference will be held in certain post-note cases pending in General Assignment Parts. For a list of these cases, click here. The cases on this list appear in alphabetical order by last name of the plaintiff and the index number of each is included. The conferences in these cases will be held in Room 412 at 60 Centre Street before the Hon. Sherry Klein Heitler, Administrative Judge, or another Justice specially designated for this purpose. Counsel in each case will be notified by mail of the date and time of the conference. In addition, calendars for the conference days will be published in the New York Law Journal and on this site. Therefore, counsel who appear in the cases on the blockbuster list should follow the Law Journal and this site in coming days for calendar information. For such calendar information, click here.

At this conference, Judge Heitler or a colleague will review with all counsel the status of each case and will discuss the possibility of settling the matter. This will constitute the last opportunity to discuss settlement in the case prior to jury selection or referral of the case for trial. If the case is not settled at the conference, Judge Heitler or the conferencing Justice will, at the conclusion of the conference, schedule the case for trial on a date certain a short time thereafter. This trial date shall be a firm one and shall not be adjourned.

In addition, beginning May 14, 2012, a blockbuster program will be conducted in various cases pending in the Motor Vehicle Part (Part 22) before the Justice assigned thereto, the Hon. George J. Silver, in Room 300 at 60 Centre Street. Counsel in each case will be notified by mail of the date and time of the conference and calendars for the conference days will also be published in the Law Journal. For access to these calendars, click here. Justice Silver will likewise discuss the status of each case and explore settlement; this will be the last opportunity to discuss settlement in these post-note Motor Vehicle cases prior to referral for jury selection or trial. Post-note Motor Vehicle cases that are not settled at the blockbuster conference will receive a firm trial date at the conclusion of the conference.

In order that settlement may properly be discussed at these conferences, all counsel who attend must have familiarity with all aspects of the case in which they appear. A demand should be provided to the adversary prior to the conference. Counsel also must have full authority to discuss settlement and to enter into settlement agreements or must either bring the client to the conference or assure that the client is immediately available by telephone. In addition, counsel must come to the conference with information about their trial schedules so that the court may take their other commitments into account when fixing the firm trial date.

If a resolution has already been reached in any Motor Vehicle case that appears on blockbuster calendars or in any General Assignment case shown on the blockbuster list (link above), counsel should file a stipulation of discontinuance as provided in Uniform Rule 202.28 and submit a copy via e-mail to: Blockbuster@courts.state.ny.us.

Any other communications regarding cases scheduled for a blockbuster conference shall be sent to this same e-mail address on notice to the adversary.

May 3, 2012 - - Updated May 18, 2012


 

NOTICE TO THE BAR REGARDING
MANDATORY E-FILING

 

Pursuant to an Administrative Order, dated Jan. 12, 2012, issued by the Chief Administrative Judge in accordance with legislation enacted in 2011, electronic filing of litigation documents through the New York State Courts Electronic Filing System (“NYSCEF”) will become mandatory in all commercial, contract, and tort actions, without regard to the amount in controversy, that are commenced in New York County Supreme Court on or after February 27, 2012. On and after that date, such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must serve on the defendant/respondent a Notice of Commencement of Mandatory E-Filed Case (form available on the NYSCEF website (www.nycourts.gov/efile)). Thereafter, with very limited exceptions, all documents must be e-filed.

Court fees are paid to the County Clerk by credit or bank card (MasterCard, Visa, or American Express) through NYSCEF. The normal filing fees apart, there is no charge to use NYSCEF, file documents in it, serve documents through it, or print out hard copies from it.

Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as with regard to proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website on the “E-Filing” page at:

:    www.nycourts.gov/supctmanh

The NYSCEF system is intuitive and easy to learn. Working with NYSCEF will be especially easy for attorneys who are familiar with the Federal courts’ ECF system. A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.

Live training is also available for those who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attending counsel at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Attorneys and others who wish to attend must register in advance for this course, which may be done on-line at the “Training” link on the NYSCEF website. In addition, a special 90-minute course (with 1.5 CLE credits at no charge) will be conducted by the Supreme Court, Civil Branch, New York County in Room 130 at 60 Centre Street on Thursday, March 29, 2012, from 1-2:30 PM, and as circumstances make appropriate. Reservations for this course are also required. Again, attorneys and others should go to the “Training” link to sign up. For additional information, please contact the statewide NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.

 

Revised March 8, 2012

______________________

JUDICIAL ASSIGNMENTS AND REASSIGNMENTS

Effective January 1, 2012, the following changes in judicial assignments are being made. The Honorable Saralee Evans (Part 51) and the Honorable Jane Solomon (Part 55) have retired.

Several Justices have joined the court. These Justices will be assigned to, and will assume responsibility for the inventories of, the following Parts. Honorable Lori S. Sattler will be assigned to Part 9, which has responsibility for post-judgment matrimonial matters, which will be located in Room 546 at 80 Centre St. (phone: 646-386-3848). Justice Arthur F. Engoron will be assigned to City Part 52 located in Room 328 (phone: 646-386-3742) at 80 Centre Street. Justice Tanya Kennedy will be assigned to Part 25, a guardianship Part, located in courtroom 623 (phone: 646-386-5675) at 111 Centre Street.

In addition, the following changes to judicial assignments and inventories are being made. The Honorable Emily Jane Goodman (Part 17) will retire at the end of February 2012. Justice Shlomo S. Hagler, previously assigned to Part 25, will be assigned to Part 17 in Courtroom 581 at 111 Centre Street (phone: 646-386-3726), although Justice Goodman will continue to work on certain Part 17 matters until she leaves the bench. Justice Cynthia S. Kern, previously assigned to City Part 52, will be assigned to Part 55 in Courtroom 432 at 60 Centre Street (phone: 646-386-3289), including tax certiorari and condemnation cases previously assigned to that Part and those assigned hereafter. Justice Matthew F. Cooper, previously assigned to Part 9, will be assigned to Part 51, a matrimonial Part, in courtroom 289 at 80 Centre Street (phone: 646-386-3846).

Justice Laura E. Drager (Matrimonial Part 31) will move to courtroom 305 at 71 Thomas Street and her chambers will be Room 307 at that address. The phone numbers of Part 31 and the Chambers of Justice Drager will remain the same as before.

The Honorable Arlene Bluth, the Honorable Kathryn E. Freed and the Honorable Margaret Chan will be assigned to a Hybrid Part on a rotating basis (i.e., they will handle Civil Court cases and, on a rotating basis, some Supreme Court cases over the course of the year).

Motions that were previously assigned to Justices who have retired or whose assignments are changing and that have not been disposed of upon the retirement/reassignment will be transferred to the Justices who assume the Parts in question. In order to do this efficiently, some motions may be placed again on the calendar of the Motion Support Office. The same procedure may be applied to some motions that were previously assigned to Justice Goodman (Part 17). Dates and times previously given for conferences and other appearances in Parts in which judicial reassignments are taking place will, unless otherwise directed hereafter, remain in effect.

Attorneys may obtain information on the status of and schedules regarding motions, conferences, and other appearances in any of the affected Parts by consulting the Supreme Court Records On-Line Library (Scroll), which is accessible at the “Case Information” link on the website of the court at www.nycourts.gov/supctmanh. Attorneys may obtain shortly after the fact notification by e-mail of all developments in cases in the court recorded in the court’s case history computer system (the Civil Case Information System (“CCIS”)) that involve motion appearances, other appearances, and issuance of decisions on motions, orders, and judgments. Interested attorneys may obtain such notification by opening an account with the court system’s “E-Track” computer application, which
is accessible at the following address:

http://iapps.courts.state.ny.us/webcivil/etrackLogin

There is no charge for the “E-Track” service.

Jan. 4, 2012

________________________________________

 

PAYMENT OF FEES - E-FILED CASES

 

Effective August 1, 2011, attorneys will no longer be able to pay filing fees in New York County Supreme Court in electronically filed cases by submission of payment in person at the office of the County Clerk. The “pay at the Court” option in the New York State Courts Electronic Filing System (“NYSCEF”) will be deactivated on that date. The New York County Clerk will thereafter accept payment online via NYSCEF by means of a credit or bank card bearing a Visa or Mastercard logo. It is expected that in the near future the County Clerk will also be in a position to accept payment of fees online via NYSCEF by American Express credit card.

July 8, 2011


 

CHANGES IN THE ADMINISTRATIVE COORDINATING PARTS

(PARTS 40 AND 27 CITY)

 

Effective Monday, April 11, 2011, Honorable George J. Silver will handle the assignment of trial-ready cases in the Administrative Coordinating Parts. The Parts, previously designated Part 40 and Part 27 City (City cases), will henceforth be designated Part 40 and Part 40 City (City cases). The calendars of these Parts were previously called at 10 AM. Henceforth, they will be called at 9:30 AM. The Part 40 and Part 40 City calendars will be called Monday through Thursday, in Room 136 at 80 Centre Street. In addition to this new assignment, Justice Silver will maintain his Motor Vehicle assignment (Part 22)

April 5, 2011

 

________________________________________

 

MANDATORY ELECTRONIC FILING - - MAY 24, 2010

Electronic filing will become mandatory in certain commercial cases in New York County Supreme Court. The target date for this new program is May 24, 2010. For information on this important initiative, please click here.

April 30 , 2010

 

________________________________________

 

NEW MEDICAL MALPRACTICE PART

All pending medical malpractice cases brought against the New York City Health and Hospitals Corporation, one of its hospitals or other facilities, or any affiliate indemnified thereby, whether such defendant is represented by the New York City Law Department or outside counsel, are being transferred to Hon. Douglas E. McKeon (IAS Medical Malpractice Part 38), who currently serves as Presiding Justice of the Appellate Term, First Department and who shall maintain that assignment as well. All such cases that are hereafter initiated in this court shall be assigned to Part 38.

Justice McKeon will handle motion practice, discovery issues and scheduling, and other proceedings in these cases. In addition, Justice McKeon will pursue a special effort to settle these cases. This initiative is being undertaken to assist the Bar and the parties to these matters to achieve an early resolution on acceptable terms wherever possible.

Settlement conferences will take place on the third Wednesday of each month at 10:00 AM in Room 408 beginning on September 17, 2008. Other appearances shall take place every Thursday in Room 408 at a time to be determined beginning on September 18, 2008. Outstanding discovery orders previously issued in these cases remain in effect unless otherwise directed by the court after conference or motion practice and compliance with deadlines set forth in such orders is expected. Dates previously scheduled for conferences and argument of motions in these cases shall be rescheduled by Part 38 and counsel will be informed of the new date for appearance.

The settlement conferences referred to above will be scheduled by Part 38 and counsel will be notified. No adjournments will be granted without leave of the court. A representative from the Comptroller’s Office will be present at each such conference. A claims examiner or other representative of the insurers of all other parties to each case shall attend as well. Participants must have authority to settle the case and participating attorneys must be fully familiar with the case.

In addition, special proceedings against the New York City Health and Hospitals Corporation seeking leave to file a late notice of claim or pre-action discovery in medical malpractice actions will also be assigned to Justice McKeon in Part 38.

Information on individual cases can be obtained from the court’s SCROLL system, access to which is available on the website of the Supreme Court, Civil Branch, New York County at www.nycourts.gov/supctmanh (under “Case Information”). Counsel are reminded that, should adjournments of motions in the Motion Support Office Courtroom be sought in any reassigned cases, the Courtroom accepts stipulations of adjournment by e-mail. For details, see the notice on our website under “News and Announcements.”

September 9, 2008

 

________________________________________

 

COMMERCIAL DIVISION E-FILING

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

 

________________________________________

 

NOTICE TO THE BAR REGARDING NEW RULE
ON THE SUBMISSION OF PROPOSED
COUNTER-ORDERS AND COUNTER-JUDGMENTS

 

Uniform 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 COURTROOM

Effective 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.shtml

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. SILBERMANN
ADMINISTRATIVE JUDGE

 

________________________________________

 

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).

Detailed information about the SCROLL system and related rules

July 7, 2006

 

________________________________________

 

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.

July 10, 2003