Hon. Lisa S. Ottley: Part Rules

Part 24
Principal Law Clerk: Brandon Freycinet, Esq.
Courtroom: 479
Court Room Tel.: 347-296-1225
Chambers Tel.: 347-296-1473

Updated: March 5, 2024


MOTIONS/PETITIONS (Part 24)

  • All Motions/Petitions shall be heard on Mondays at 9:45 AM; Second call is at 10:15 AM.
  • Absolutely NO ex-parte communications will be entertained.
  • The moving party shall provide the Court with a valid e-mail address and/or fax number. Exceptions will be made for Self-Represented litigants and those who do not own or have access to a computer or an e-mail account.
  • Stipulations for adjournments must be delivered to the Clerk’s Office or e-filed two (2) days prior to the return date. The party requesting the adjournment is responsible for delivery of the stipulation.
  • Unless a stipulation for adjournment is submitted two (2) days 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.
  • Request for oral argument on the appearance date must be clearly indicated on the Notice of Motion or Order to Show Cause.
  • Affidavits of Service for Orders to Show Cause shall be e-filed and/or filed in the Clerk’s Office two (2) days prior to the return date.
  • Motions for Summary Judgment: All motions for summary judgment must be served and filed within 120 days of the filing of the Note of Issue. If an extension of time to file is authorized by the court, the Attorney’s Affirmation/Self-Represented litigant’s Affidavit must clearly reflect the extension date and attach a copy of the order granting the extension.
  • Motions to Reargue/Renew: All motions to reargue or renew must include an exhibit with all papers submitted on the original motion and a copy of the court’s decision. Failure to comply with these requirements, may result in the denial of the motion.
  • Decisions/Orders: Any party wishing to receive a courtesy copy of a decision via mail should submit a postage stamped self-addressed envelope with the motion papers/application, and/or an email address for electronic delivery.

GENERAL

  • Stipulations for adjournments must be e-filed or delivered to the Clerk’s Office at least two (2) days prior to the return date.
  • Unless a stipulation for adjournment is submitted two (2) days 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 Clerk’s Office at least fourteen (14) days prior to the return date.
  • All responsive papers shall be filed seven (7) days prior to the return date.
  • All pages must be properly numbered and legible.
  • All attachments/annexations must be properly labeled with an Exhibit Tab and legible.
  • 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.
  • Interpreters: Requests for Court Interpreter Services must be made to the Judge and the Part Clerk on the day the trial is assigned to the Part, or two weeks before the matter is scheduled for a trial or hearing.
  • Calls regarding the motion calendar should be directed to the courtroom, NOT Chambers.
  • The Court’s signature line MUST NOT appear on a page with no writing/by itself.
  • In general, all written applications must be timely submitted. A Proposed Order for the relief requested shall be attached in a separate legal back.
  • Requests for Motions to be deemed submitted should be done by stipulation and must be e-filed or delivered to the Clerk of the Part at least two (2) days prior to the return date.

COMPLIANCE CONFERENCES

  • Compliance conferences shall be held on Fridays at 10 A.M.
  • 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 must call (347) 296-1225 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.

E-FILING

  • A courtesy copy of e-filed papers may be handed to the court on the date of appearance.
  • Letters/Correspondence are Not Motions and should not seek relief that should otherwise be in a formal Motion/OSC.

DEFAULTS

  • Failure of the non-moving party to appear or serve and file written opposition, will result in the motion being granted on default.
  • Litigation by letter/correspondence is NOT accepted/nor recognized by the court.

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