Hon. Francois A. Rivera: Part 52 Rules
Kings County Supreme Court, Civil Term
360 Adams Street
Brooklyn, New York 11201
Courtroom: 556
Courtroom Telephone No.: 347-296-1618
Chambers Telephone No.: 347-296-1524
Principal Law Clerk: Maya Leszczynski, Esq., [email protected]
Administrative Assistant: Melissa Canteño Cardenas, [email protected]
Part Clerk: Maureen F. Lawton, [email protected]
Updated: October 3, 2025
MOTION CALENDAR
Appearances: ALL APPEARANCES IN PART 52 SHALL BE IN PERSON. ALL MOTIONS ARE ORALLY ARGUED ON THE RECORD.
Motions are currently heard on Thursdays at 10:00 a.m. The first call of the calendar will be at 10:15 a.m. and the second call of the calendar is at 11:15 a.m.
Failure to Appear: A moving party’s failure to appear may result in denial of the motion.
Filing of Papers: All motion papers must be filed electronically through New York State Court Electronic Filing system (NYSCEF) or where the action does not participate in NYSCEF, by mailing or filing with the Motion Support Office, 360 Adams Street, Room 227, and NOT to the Court’s chambers. Motion papers, answering affidavits, and reply affidavits must be served on the parties in accordance with CPLR 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.
Affidavits of Service: Any affidavit of service of papers which commences an action or proceeding is subject to the following. There shall only be one affidavit per individual or entity served.
Calendaring of Motions/Return Dates: Upon receipt of a motion, the motion will be placed on the Court’s motion calendar, but not necessarily on the return date specified in the Notice of Motion/Petition. Part 52 motions shall be calendared for the next available Thursday at 10:00 a.m.
Please check upcoming appearances on e-Courts before contacting the Court regarding return dates.
Adjournments on Consent: The parties may request an adjournment by written stipulation that must be filed with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) no less than two (2) business days before the return date on the motion. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. A courtesy copy of the stipulation must be sent to the Court by emailing [email protected], [email protected], & [email protected] as well as copying your adversaries. Stipulations for adjournments on consent of all parties need not be so ordered by the Court.
Adjournments will be to the next available date convenient to the Court.
Contested Adjournments: An oral application to adjourn a motion may be made before the Court on the return date of the motion. A contested adjournment may be granted prior to the return date, only upon good cause shown for exceptional circumstances or for a religious accommodation, upon notice to all parties.
You will receive an email notification from the Court if your adjournment request is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.
Requests for Interpreters: Requests for an interpreter should be made two weeks in advance of the motion date and are subject to availability. To request an interpreter, please email [email protected], [email protected], & [email protected]
Orders: If at the conclusion of oral argument, the Court directs a party or the parties to submit a proposed order, such order shall be submitted to the Court in Microsoft Word document format. The proposed order must be emailed to [email protected]. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the order.
The Court’s signature line must not appear on a page with no other writing.
Uniform Rules: The Court follows the Uniform Rules for the New York State Trial Courts [22 NYCRR] § 202. Compliance is required.
WITHDRAWALS / RESOLUTIONS OF MOTIONS
Withdrawal of Motion: Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and by emailing a courtesy copy to the Court via email to [email protected], [email protected], & [email protected] at least three (3) business days before the motion calendar date.
You will receive an email notification from the Court if your request to withdraw the motion is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.
Stipulations: If the parties have resolved a motion pursuant to a stipulation, a copy of the stipulation must be filed in the NYSCEF system and a copy must be sent to the Court via email to [email protected], [email protected], & [email protected] at least two (2) days prior to the return date of the motion. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation.
You will receive an email notification from the Court if your stipulation is accepted. If you do not receive notification from the Court, the parties must appear on the scheduled return date.
If after full submission of a motion, the parties later resolve the motion by a written stipulation of settlement, the parties must promptly file a written stipulation with the Kings County Clerk’s office (or with the NYSCEF system if the case is e-filed) within five (5) business days of its execution and also email a courtesy copy to [email protected], [email protected], & [email protected].
Stipulations to Amend Caption/Pleading: The Court requires a copy of the original pleading and the proposed amended pleading to consider a request to so order a stipulation to amend a pleading. Submit a redlined version of the proposed amended pleading that clearly highlights all changes so that the Court may easily ascertain the differences between the pleadings. This documentation should be uploaded in the NYSCEF system and a courtesy copy must be sent to the Court via email to [email protected] & [email protected] at the time the request to so order the stipulation is made.
INFANT COMPROMISE / WRONGFUL DEATH PROCEEDINGS
Infant Compromise and Wrongful Death Compromise proceedings are generally held in-person on Fridays.
Requests for an Infant Compromise or Wrongful Death Compromise Hearing: Requests to schedule an Infant Compromise or Wrongful Death Compromise hearing must be made to Chambers by sending an email to [email protected] & [email protected]. In the subject line of the email, please write: “ICO Request, Index No., Plaintiff Name v. Defendant Name” or “WDC Request, Index No., Plaintiff Name v. Defendant Name”. Chambers will respond to such requests within two (2) business days. The Court will schedule the proceeding to the next available Friday convenient to the Court.
Requests for a Virtual Appearance: The parties in such matters may request that the proceeding be held virtually. The request for a virtual proceeding must be by email to [email protected] & [email protected], at least seven (7) business days prior to the scheduled return date, but ideally at the time the request for a hearing is made. In the subject line of the email, please write: “ICO Virtual Request, Index No., Plaintiff Name v. Defendant Name” or “WDC Virtual Request, Index No., Plaintiff Name v. Defendant Name”. Chambers will respond to such requests within two (2) business days.
PRE-TRIAL DEPOSITION OF AN INFANT
A child, age ten (10) years old or under may not be deposed without being found swearable pursuant to a swearability hearing before this Court.
Requests for a Swearability Hearing: Requests to schedule a swearability hearing must be made by sending an email to [email protected], [email protected], & [email protected]. In the subject line of the email, please write in capital letters the word “SWEARABILITY” followed by the index number of the case, and the abbreviated caption. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the email. In the body of your email please include the full caption with the names and contact information for all parties.
DEATH
“The death of a party divests the court of jurisdiction and stays the proceedings until a proper substitution has been made pursuant to CPLR 1015 (a). Moreover, any determination rendered without such substitution will generally be deemed a nullity. The death of a party terminates his or her attorney’s authority to act on behalf of the deceased party.” Fazilov v Acosta, 2024 NY Slip Op 03470 [2d Dept 2024] [internal citations omitted].
Upon the death of a party to the action, please upload a death certificate to NYSCEF and inform the Court by sending an email to [email protected], [email protected], & [email protected]. In the subject line of the email, please write the word “DEATH” followed by the index number of the case, and the abbreviated caption. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the email. In the body of your email please include the full caption with the names and contact information for all parties.
BANKRUPTCY
Upon a party’s filing for bankruptcy, please upload proof of such filing along with counsel’s letter indicating such and that the case should appropriately be stayed to NYSCEF and inform the Court by sending an email to [email protected], [email protected], & [email protected]. In the subject line of the email, please write the word “BANKRUPTCY” followed by the index number of the case, and the abbreviated caption. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the email. In the body of your email please include the full caption with the names and contact information for all parties.
The Court will provide a control date to monitor the status of the bankruptcy proceeding.
QUESTIONS / INQUIRIES
All communications with the Court must be on notice to all parties. The Court does not give legal advice, tell the parties how to proceed, or instruct on how to file papers. The parties should not expect the Court to issue any orders for affirmative relief pursuant to an email or letter, as opposed to motion practice.
Return Dates: Please check e-Courts before contacting the Court. Please note that although a case may be assigned to Justice Rivera, the case may be scheduled in another Part.
Discovery Matters: All discovery matters, including discovery-related stipulations, are handled in the Discovery Part. Discovery-related inquiries should be made pursuant to the Discovery Part Rules.
Depositions: The parties should comply with 22 NYCRR 221, namely, Uniform Rules for the Conduct of Depositions. The Court does not intervene or rule on a request made during the conduct of a deposition. Any issue regarding the conduct of the parties at a deposition may be raised by motion practice.
Orders to Show Cause: Orders to Show Cause are handled by Part 72, the Ex-Parte Part. An Order to Show Cause may be assigned to Justice Rivera for signature or to the emergency judge.
Transcripts: Please contact the Court Reporters Office at (347) 296-1382.
Other Inquiries / Communications: All other inquiries may be directed to both [email protected] & [email protected]. The subject line of the email must include the word “INQUIRY” in capital letters, followed by the index number of the case, and the abbreviated caption. In the body of the email please include the full case caption with the names and contact information for all parties. This email must be copied to all parties who have appeared in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action or the action has been discontinued against that party, etc.) state the reason for the exclusion in the body of the email.
Chambers will respond to emails within three (3) business days.