Hon. Heela D. Capell: IAS Part 19 / Guardianship Part HC-76 Rules
Principal Law Clerk: Nicholas A. Pagano, Esq.
Assistant Law Clerk: Rebecca Okin, Esq.
Part Clerk: Maryelana L. Smith
360 Adams Street
Court Room Number: 419
Brooklyn, New York 11201
Courtroom Telephone No.: 347-296-1644
Courtroom Email Address: [email protected] (not to be used for the filing of papers)
Updated: September 10, 2025
Contacting the Part:
Attorneys and litigants are advised to contact the Part using the Courtroom Telephone Number: (347) 296-1644. DO NOT CONTACT CHAMBERS STAFF DIRECTLY BY TELEPHONE OR EMAIL UNLESS YOU ARE TOLD TO DO SO. Telephone calls, voicemails, emails, and the like which are directed to chambers regarding a pending matter will only result in an instruction to call the Part. Ex-Parte communication will not be entertained.
IAS Part 19 Motion Rules:
All IAS Part 19 Motions are heard in person unless otherwise directed by the Court. Do not log into the virtual link for IAS Part 19 Motions.
The Part 19 Motion Day is Thursday. First Call is at 9:45AM and Second Call/Default Call is at 10:30AM.
An appearance is required on all motions except where the parties have resolved the motion on consent and uploaded a proposed order via NYSCEF at least three business days prior to the return date and the movant gets confirmation from the Part Clerk that they do not have to appear.
An appearance is required for all adjournment applications, except, adjournments on consent and filed via NYSCEF at least three business days prior to the return date.
Leave of court is required for more than two adjournments of the same motion.
For your papers to be considered by the court, they must be properly served and filed at least three business days prior to the return date. Papers, exhibits, and the like, that are emailed or mailed to chambers will not be entertained, rather, all papers must be appropriately filed.
Exhibits stored on physical media such as USB Drives, CD-ROMS, DVDS, and the like must be filed in the appropriate manner. However, please note that the court cannot view these forms of physical media on court computers. Therefore, parties must be prepared to display this media to the court using their own device.
If relief is sought against a pro se party on an appearance date that they were not made aware of, or where the matter is adjourned, they must be notified in writing of the new appearance date and proof of such notification must be provided to the court.
The court does not require hard copies or courtesy copies of motion papers on e-filed cases unless specifically requested. However, if your matter is not electronically filed, courtesy copies of the motion papers must be brought to court on the return date.
Trials:
All motions in limine that precede the trial must be made in writing.
Counsels are required to submit the following to the Part email listed above:
- A list of pre-marked Exhibits
- A witness List and an expert witness list which provides the expert’s area of expertise.
(Indicate if an interpreter is required); - Proposed verdict sheets
- Closing charges
- EBT’s to be read from at trial.
Proposed verdict sheets and closing charges must be emailed to the Part email above following the court’s directions at the pre-trial conference.
Infant/Wrongful Death Compromise Orders:
Petitions for infant compromise orders must be filed through NYSCEF, together with a Stipulation of Discontinuance. Any supplemental submissions must be uploaded through NYSCEF as well.
Hearings will be scheduled by chambers staff upon submission of all required documents. Hearings take place virtually using the virtual courtroom link (see below).
Infant Compromise petitions must comply with CPLR §1208 and 22 NYCRR 202.67. The attorney affirmation must include the infant’s medical reports, a physician affirmation, a settlement letter, an incident report (i.e., police report, school accident report…) and an affirmation of no liens.
If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
If a compromise order was previously signed in the action, such order must be attached as an exhibit. Amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
Part HC-76 Guardianship Rules:
All guardianship matters are heard virtually at the link below unless otherwise instructed by the court.
Parties should test their connection before attending the meeting so that there is no delay in proceedings. The court cannot provide technical assistance.
Microsoft Teams Virtual Courtroom Link for all Compromise Petitions, Guardianships and in any case where the Court has instructed its use only (Do not use for IAS Motions or Trials)
Meeting ID: 225 803 449 544
Passcode: Mm2J8yp9
Please note the following:
All papers must be filed via the appropriate court filing method for your case. Under no circumstances will papers sent via email or postal mail to chambers or the courtroom be considered by the court, nor will they be considered to be properly filed. If you would like to file a sensitive document with the court, you may do so in a paper case by filing with the clerk’s office, or in a NYSCEF case, via NYSCEF, with a request to seal.
If you have brought an Article 81 petition on paper, please be advised of the following rules which apply to these matters heard before Judge Capell:
Once an attorney to the alleged incapacitated person or court evaluator is appointed, they are required to convert the matter to NYSCEF within 30 days of their appointment. You may use any acceptable method for doing so. Here is a link which may be helpful:
Letter Application to Convert Pending Action to E-Filing
If the petitioner is pro se, they are required to provide an email address to the court, if they have one, when they file proof of service of their order to show cause, at the latest, along with a phone number and mailing address.