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New York StateUnified Court System

Hon. Karen B. Rothenberg


Calendar Rules

Part 35
360 Adams Street
Law Clerk - Jennifer Rapaport
Part Clerk - Daphine Wilson
Chambers: 347-296-1533
Court Room: 347-296-1644
Fax: 347-401-9255

Posted February 10, 2012


Calendars

Part 35 motions are heard on Thursdays.

Hearings, arguments, and conferences on matters determined by the Court to require attention that cannot effectively be given on regular calendar days will be scheduled on Thursday afternoons, or as otherwise convenient to the Court, counsel, and others affected.

Calendar Calls

Motions
First call at 9:45 AM
Second call at 10:45 AM
Oral argument is required on all motions.

Defaults
Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. A motion is likely to be denied upon the failure of a movant to appear on the return date. Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear.

Adjournments

Motions
Disclosure-related motions will not be adjourned, unless there are extraordinary circumstances shown on application to the Court. The issues raised by the motion will be resolved by agreement or
Court resolution on the return date.

Dispositive motions, including motions for dismissal or summary judgment, and other substantive motions may be adjourned once on consent of all parties, with a schedule for remaining briefing. Application for adjournment may be made before the return date by stipulation faxed to chambers, or on the calendar call on the return date.

E-Filed Motions
For motions that are E-filed, counsel is required to provide the court with courtesy copies of the motions and supporting papers including exhibits at the time of argument.

Note of Issue Date

A motion is generally required to extend the Note of Issue date ( §202.21 [d]), but the Court may “so order” a stipulation extending the note of issue upon application faxed to chambers, containing, at the least, the following information: the reason for the extension, which shall constitute good cause; the dates of the preliminary conference order and all compliance conference orders; a description of any disclosure that remains to be completed, and a date for completion of each item.

 

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