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New York StateUnified Court System

Hon. Leon Ruchelsman


Part Rules

360 Adams Street
Room 276
Brooklyn, NY 1120


PETITIONS TO APPOINT A GUARDIAN

  • All petitions to appoint a guardian shall be heard on Tuesdays, Wednesday, and
    Thursdays at 10:00AM.
  • Court evaluator’s reports and responsive papers shall be filed 2 days prior to the
    return date.
  • Applications for adjournments must be on stipulation signed by all parties and the
    court evaluator and approved by the Court prior to the hearing date.
  • Stipulations for adjournments must be delivered to the clerk of the part 1 day prior
    to the return date. The party requesting the adjournment is responsible for
    delivery.
  • Unless a stipulation for adjournment is submitted 1 day prior, all requests for
    adjournments shall be made in person on the return date. No adjournments will
    be granted by telephone on the date the case appears on the calendar.
  • Affidavits of service for orders to show cause shall be filed in the Guardianship Clerk’s
    Office (Room 285) 2 days prior to the return date.
  • All orders and judgments shall be served by the petitioner on all counsel, guardian(s)
    and court examiner within 10 days of the date of decision.
  • Any application for TEMPORARY INJUNCTIVE RELIEF must be in compliance with
    22 NYCRR §202.7(f).
  • Notice to the party against whom the TRO is sought must contain (1) date, (2)
    place and (3) a one hour period of time in which the application will be made.
  • Attorneys making the application for the TRO must appear during the noticed time
    regardless of whether the application is being opposed.
MOTIONS/PETITIONS OTHER THAN TO APPOINT A GUARDIAN
  • Motions on Guardianship matters shall be returnable on Wednesdays at 11:00 AM
    unless otherwise scheduled by the Court through an order to show cause.
  • The moving party shall provide the Court with a valid e-mail address. Exceptions
    will be made for Pro Se litigants and those that do not own or have access to a
    computer or an e-mail account.
  • Applications for adjournments must be on stipulation signed by all parties and the
    court evaluator and approved by the Court prior to the hearing date.
  • Stipulations for adjournments must be delivered to the clerk of the part 1 day prior
    to the return date.
  • Unless a stipulation for adjournment is submitted 1 day prior, all requests for
    adjournments shall be made in person on the return date. No adjournments will
    be granted by telephone on the date the case appears on the calendar.
  • All motions must be submitted to the Guardianship Clerk’s Office (Room 285) at least
    7 days prior to the return date.
  • All responsive papers shall be filed 2 days prior to the return date.
  • Affidavits of service for orders to show cause shall be filed in the Guardianship Clerk’s
    Office (Room 285) 2 days prior to the return date.
  • In general, all written applications are on submission. A proposed order granting the
    relief requested shall be attached on a separate legal back.
  • Requests for oral arguments on the appearance date must be clearly indicated on the
    Notice of Motion or Order to Show Cause.
  • Any application for TEMPORARY INJUNCTIVE RELIEF must be made in compliance
    with 22NYCRR §202.7(f).
  • Notice to the party against whom the TRO is sought must contain (1) date, (2)
    place and (3) a one hour period of time in which the application will be made.
  • Attorneys making the application for the TRO must appear during the noticed time
    regardless of whether the application is being opposed.

FINAL ACCOUNT

  • Final Accounts must be filed in the form of one consolidated accounting, from the date
    of the last judicially settled account and may not be submitted in the form of multiple
    annual accounts.
  • All Motions to Settle Final Accounts must have the following attachments: (1) a
    Referee's Report (unless waived), (2) a proposed Order Settling the Final Account,
    and (3) the Affirmation(s) of Legal Services if the moving attorney is requesting fees.
  • Guardians and/or attorneys responsible for preparing and filing a Discharge Order
    may not access any commissions or fees due him/her pursuant to the Order Settling
    the Final Account, until the Discharge Order, in proper form and complying with all
    provisions of the Order Settling the Final Account, is filed with copies of canceled
    checks, receipts, and/or affidavits, is signed by the Court, and confirmed by
    Chambers.
COMPLIANCE CONFERENCES
  • Compliance conferences shall be held on Tuesdays and Thursdays at 2:30 PM.
  • Guardians who are directed to appear for a compliance conference in the appointing
    order and judgment and have complied by filing the oath/designation/bond and
    obtaining the Commission shall call (347) 401-9442 to advise the court of their
    compliance.
  • All other guardians/parties who have received a compliance order shall appear on the
    referenced date and time.

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