New York County - Civil Branch
News & Announcements
FORMAL ANNOUNCEMENTS
AND INFORMAL NOTICES
OF INTEREST
SPECIAL NOTICE TO COUNSEL REGARDING
BLOCKBUSTER CONFERENCES - - UPDATEDIn order to assure that cases move through the court to resolution in an expeditious and efficient manner, the Supreme Court, Civil Branch, New York County is instituting a special “blockbuster” program for various post-note cases pending in a number of Parts.
Beginning May 14, 2012, a special conference will be held in certain post-note cases pending in General Assignment Parts. For a list of these cases, click here. The cases on this list appear in alphabetical order by last name of the plaintiff and the index number of each is included. The conferences in these cases will be held in Room 412 at 60 Centre Street before the Hon. Sherry Klein Heitler, Administrative Judge, or another Justice specially designated for this purpose. Counsel in each case will be notified by mail of the date and time of the conference. In addition, calendars for the conference days will be published in the New York Law Journal and on this site. Therefore, counsel who appear in the cases on the blockbuster list should follow the Law Journal and this site in coming days for calendar information. For such calendar information, click here.
At this conference, Judge Heitler or a colleague will review with all counsel the status of each case and will discuss the possibility of settling the matter. This will constitute the last opportunity to discuss settlement in the case prior to jury selection or referral of the case for trial. If the case is not settled at the conference, Judge Heitler or the conferencing Justice will, at the conclusion of the conference, schedule the case for trial on a date certain a short time thereafter. This trial date shall be a firm one and shall not be adjourned.
In addition, beginning May 14, 2012, a blockbuster program will be conducted in various cases pending in the Motor Vehicle Part (Part 22) before the Justice assigned thereto, the Hon. George J. Silver, in Room 300 at 60 Centre Street. Counsel in each case will be notified by mail of the date and time of the conference and calendars for the conference days will also be published in the Law Journal. For access to these calendars, click here. Justice Silver will likewise discuss the status of each case and explore settlement; this will be the last opportunity to discuss settlement in these post-note Motor Vehicle cases prior to referral for jury selection or trial. Post-note Motor Vehicle cases that are not settled at the blockbuster conference will receive a firm trial date at the conclusion of the conference.
In order that settlement may properly be discussed at these conferences, all counsel who attend must have familiarity with all aspects of the case in which they appear. A demand should be provided to the adversary prior to the conference. Counsel also must have full authority to discuss settlement and to enter into settlement agreements or must either bring the client to the conference or assure that the client is immediately available by telephone. In addition, counsel must come to the conference with information about their trial schedules so that the court may take their other commitments into account when fixing the firm trial date.
If a resolution has already been reached in any Motor Vehicle case that appears on blockbuster calendars or in any General Assignment case shown on the blockbuster list (link above), counsel should file a stipulation of discontinuance as provided in Uniform Rule 202.28 and submit a copy via e-mail to: Blockbuster@courts.state.ny.us.
Any other communications regarding cases scheduled for a blockbuster conference shall be sent to this same e-mail address on notice to the adversary.
May 3, 2012 - - Updated May 18, 2012
COMMERCIAL DIVISION ASSIGNMENT PROCESS
Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2011 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Uniform Rule 202.70 (d). In a hard-copy case a copy of the pleadings shall be submitted as well. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part.
The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 150,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. There are two categories of exception. First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. Uniform Rule 202.70 (b). Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel arbitration or affirm or disaffirm an arbitration award or seeks related injunctive relief. Uniform Rule 202.70 (b) (4), (5), (11), (12). In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. If the clerk’s review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). See Subd. (f) (1).
The rules provide for application to the Administrative Judge to review certain assignment determinations. Any such application must be made in a timely manner. Uniform Rule 202.70 (e) and (f) (2). Rulings of the Administrative Judge have been posted on the Division website (under “Decisions Online” on the New York County home page).
February 17, 2012
NOTICE TO THE BAR REGARDING
MANDATORY E-FILINGPursuant to an Administrative Order, dated Jan. 12, 2012, issued by the Chief Administrative Judge in accordance with legislation enacted in 2011, electronic filing of litigation documents through the New York State Courts Electronic Filing System (“NYSCEF”) will become mandatory in all commercial, contract, and tort actions, without regard to the amount in controversy, that are commenced in New York County Supreme Court on or after February 27, 2012. On and after that date, such cases must be commenced electronically and initiating documents will not be accepted in hard copy form. Personal jurisdiction shall be obtained by service of documents in hard copy form in the normal manner, except that the plaintiff/petitioner must serve on the defendant/respondent a Notice of Commencement of Mandatory E-Filed Case (form available on the NYSCEF website (www.nycourts.gov/efile)). Thereafter, with very limited exceptions, all documents must be e-filed.
Court fees are paid to the County Clerk by credit or bank card (MasterCard, Visa, or American Express) through NYSCEF. The normal filing fees apart, there is no charge to use NYSCEF, file documents in it, serve documents through it, or print out hard copies from it.
Mandatory e-filing is governed by Uniform Rule 202.5-bb. The court has issued a Protocol on Courthouse Procedures for Electronically Filed Cases that explains how customary courthouse procedures, such as with regard to proposed orders to show cause, are applied in e-filed cases. The Protocol is posted on the court’s website (on the “E-Filing” page at www.nycourts.gov/supctmanh).
The NYSCEF system is intuitive and easy to learn. Working with NYSCEF will be especially easy for attorneys who are familiar with the Federal courts’ ECF system. A User’s Manual and FAQs are posted on the NYSCEF website. The NYSCEF application includes a training utility, which allows attorneys to practice filing documents in fictitious cases for as often and as long as counsel may desire.
Live training is also available for those who may feel the need for it. A two-hour training course is offered, with two CLE credits awarded to attending counsel at no charge. The course is presented weekly at Supreme Court, Civil Branch, New York County at 60 Centre Street. Attorneys and others who wish to attend must register in advance for this course, which may be done on-line at the “Training” link on the NYSCEF website. In addition, a special 90-minute course (with 1.5 CLE credits at no charge) will be conducted by the Supreme Court, Civil Branch, New York County in Room 130 at 60 Centre Street on Thursday, March 29, 2012, from 1-2:30 PM, and as circumstances make appropriate. Reservations for this course are also required. Again, attorneys and others should go to the “Training” link to sign up. For additional information, please contact the statewide NYSCEF Resource Center at 646-386-3033 or efile@courts.state.ny.us.
Revised March 8, 2012
JUDICIAL ASSIGNMENTS AND REASSIGNMENTS
Effective January 1, 2012, the following changes in judicial assignments are being made. The Honorable Saralee Evans (Part 51) and the Honorable Jane Solomon (Part 55) have retired.
Several Justices have joined the court. These Justices will be assigned to, and will assume responsibility for the inventories of, the following Parts. Honorable Lori S. Sattler will be assigned to Part 9, which has responsibility for post-judgment matrimonial matters, which will be located in Room 546 at 80 Centre St. (phone: 646-386-3848). Justice Arthur F. Engoron will be assigned to City Part 52 located in Room 328 (phone: 646-386-3742) at 80 Centre Street. Justice Tanya Kennedy will be assigned to Part 25, a guardianship Part, located in courtroom 623 (phone: 646-386-5675) at 111 Centre Street.
In addition, the following changes to judicial assignments and inventories are being made. The Honorable Emily Jane Goodman (Part 17) will retire at the end of February 2012. Justice Shlomo S. Hagler, previously assigned to Part 25, will be assigned to Part 17 in Courtroom 581 at 111 Centre Street (phone: 646-386-3726), although Justice Goodman will continue to work on certain Part 17 matters until she leaves the bench. Justice Cynthia S. Kern, previously assigned to City Part 52, will be assigned to Part 55 in Courtroom 432 at 60 Centre Street (phone: 646-386-3289), including tax certiorari and condemnation cases previously assigned to that Part and those assigned hereafter. Justice Matthew F. Cooper, previously assigned to Part 9, will be assigned to Part 51, a matrimonial Part, in courtroom 289 at 80 Centre Street (phone: 646-386-3846).
Justice Laura E. Drager (Matrimonial Part 31) will move to courtroom 305 at 71 Thomas Street and her chambers will be Room 307 at that address. The phone numbers of Part 31 and the Chambers of Justice Drager will remain the same as before.
The Honorable Arlene Bluth, the Honorable Kathryn E. Freed and the Honorable Margaret Chan will be assigned to a Hybrid Part on a rotating basis (i.e., they will handle Civil Court cases and, on a rotating basis, some Supreme Court cases over the course of the year).
Motions that were previously assigned to Justices who have retired or whose assignments are changing and that have not been disposed of upon the retirement/reassignment will be transferred to the Justices who assume the Parts in question. In order to do this efficiently, some motions may be placed again on the calendar of the Motion Support Office. The same procedure may be applied to some motions that were previously assigned to Justice Goodman (Part 17). Dates and times previously given for conferences and other appearances in Parts in which judicial reassignments are taking place will, unless otherwise directed hereafter, remain in effect.
Attorneys may obtain information on the status of and schedules regarding motions, conferences, and other appearances in any of the affected Parts by consulting the Supreme Court Records On-Line Library (Scroll), which is accessible at the “Case Information” link on the website of the court at www.nycourts.gov/supctmanh. Attorneys may obtain shortly after the fact notification by e-mail of all developments in cases in the court recorded in the court’s case history computer system (the Civil Case Information System (“CCIS”)) that involve motion appearances, other appearances, and issuance of decisions on motions, orders, and judgments. Interested attorneys may obtain such notification by opening an account with the court system’s “E-Track” computer application, which
is accessible at the following address:http://iapps.courts.state.ny.us/webcivil/etrackLogin
There is no charge for the “E-Track” service.
Jan. 4, 2012
CITY CASES
The Bar is reminded that cases assigned to a Justice in one of the City Parts (Parts 5, 52, and 62) shall be placed on a Differentiated Case Management (“DCM”) Track upon the filing of the Request for Judicial Intervention (“RJI”). See Uniform Rule 202.19. All such cases shall be designated as proceeding on the “standard” pre-note track (note of issue to be filed within 12 months from filing of the RJI). Further, these cases shall be subject to an automated DCM process. That is, upon the filing of an RJI in a City case accompanied by a request for a preliminary conference or a disclosure motion, the court will automatically generate a case scheduling order without the need for an appearance by the parties. In order, however, that an EBT date can be arrived at for inclusion in the order, the City must have been previously supplied with a bill of particulars; the EBT date shall be consistent with the completion of all disclosure within the DCM track deadline, as shall be specified in the case scheduling order. Counsel in these cases are advised to provide the City with a bill of particulars forthwith, if one has not already been served.
Once a case scheduling order has been signed by the Justice assigned to the case, a copy will be posted in the Supreme Court Records On-Line Library (“SCROLL”), which is accessible on the court’s website (“Case Information” at www.nycourts.gov/supctmanh). Counsel must consult SCROLL to obtain a copy of the order as a copy will no longer be mailed to counsel. All relevant deadlines, including the date for a compliance conference, will be set forth in the case scheduling order. Attorneys may obtain, at no charge, e-mail notification regarding issuance of the scheduling order and all other developments in their City cases and other cases by listing their cases with “E-Track,” the court system’s case tracking service, which is accessible at http://iapps.courts.state.ny.us/webcivil/etrackLogin or by means of the “E-Courts” link at www.nycourts.gov.
October 28, 2011
NOTICE TO THE BAR REGARDING NEW FORM OF RJI
(Revised January 2012)New Form of RJI
The Unified Court System has issued a new form of Request for Judicial Intervention (“RJI”), addenda thereto, and revisions to related Uniform Rules. The new form of RJI and addenda are accessible on the website of the Supreme Court, Civil Branch, New York County, on the “Forms” link on the home page at www.nycourts.gov/supctmanh. Only the new form of RJI is accepted by this court.
The addenda that have been promulgated consist of a general addendum, which is used to identify additional parties or related cases; a matrimonial addendum, which is used when there are children under the age of 18 who are subject to the matrimonial action; a foreclosure addendum, which is used in mortgage foreclosure actions where the property is a one-to-four family owner-occupied residential property or an owner-occupied condominium; and a Commercial Division Addendum, which is used when the filer seeks an assignment of a case to the Commercial Division.
Commercial Division Assignments
In commercial cases in which the filer wishes an assignment to the Commercial Division, the filer must (i) submit the new form of RJI and, as appropriate, mark the case as a “Commercial” case, a dissolution matter (under “Other Matters”), or an Article 75 proceeding and (ii) attach a completed Commercial Division Addendum certifying that the case meets the requirements for assignment to the Commercial Division. See Uniform Rule 202.70 (d) (amended May 25, 2011). A local rule shall be promulgated requiring that a copy of the pleadings shall also be submitted. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a General Assignment Part.
Pre-Note Time Frames
The previous RJI form contained a question regarding the pre-note-of-issue time frame that, in the filer’s view, should be assigned to the case. This time frame is also known as the Differentiated Case Management (“DCM”) “track” or the pre-note standard and goal. See Uniform Rule 202.19. A designation of each case to a particular track is made by the clerk when the RJI is filed. The main tracks are: eight months - expedited; 12 months - standard; and 15 months - complex. The previous time frame question has been omitted from the new form of RJI. The time frames, however, remain in effect. The Supreme Court, Civil Branch, New York County will implement the following protocol in assigning cases to DCM tracks upon filing of the RJI. The following cases will be assigned to the following tracks:
Commercial (Commercial Division and non-Division) - - Complex
Medical/Dental/Podiatric Malpractice - - Complex
Mass Torts - - Ultra-Complex (20 months)
Tax Certiorari - - Special time frame (48 months)
Matrimonial - - Special time frame (six months)
Motor Vehicle - - Expedited
All Other Cases - - StandardCounsel may raise at the preliminary conference the question of whether a different track assignment should be made. If persuaded that the circumstances of the particular case are such that the case belongs on a shorter or longer track than the one to which the case was assigned in accordance with the foregoing protocol, the Justice may direct that the case be assigned by the clerk to another track, which will be done.
The DCM time frames or tracks constitute goals set by the Unified Court System for the expeditious processing of cases pre-note. (There is also a separate post-note standard and goal, generally of 15 months.) A note of issue should be filed within the pre-note DCM time frame recorded for the case in accordance with Uniform Rule 202.19 or else the case will be deemed out of compliance with standards and goals. The orders of the assigned Justice, however, will control when specific steps in the discovery process in any individual case must be completed. See Rule 202.19.
Filing Requirement for New RJI Form
The Unified Court System has changed the procedures regarding the obligation to file an RJI. These are reflected in the new form of RJI. See also Uniform Rule 202.6 (b) (modified effective May 25, 2011 and Jan. 10, 2012). In sum, an RJI is now required to be filed with regard to most applications; in some instances, an RJI fee ($ 95) is required and in others the filing is to be without fee. Generally, an RJI must be filed and a fee must be paid whenever the nature of the application is such as to require that there be supervision and case management of a pending case by a Justice that will extend beyond addressing the papers submitted by the applicant and therefore that there be an ongoing assignment of the case to an IAS Justice made via the court’s computer system. Examples of instances of documents that will initiate continuing judicial involvement are notices of motion or petition, proposed orders to show cause, notes of issue, notices of medical, dental and podiatric malpractice action, statements of net worth, and requests for a preliminary conference. Where, on the other hand, the application being submitted is a discrete and self-contained one that will not require continuing involvement by an IAS Justice, the RJI shall be filed without fee and the matter shall not be assigned to a Justice, but rather shall generally be referred to an Ex Parte Justice. Any application not filed in an action or proceeding, a name change application, and an application for discovery in an out-of-state case are examples of discrete applications that now are to be filed accompanied by an RJI but for which no fee need be paid. Included in this group are uncontested matrimonial matters.
New RJI Required (No Fee Payable) (No Ongoing Assignment of Justice) Uncontested matrimonial application Application not filed in an action or proceeding Application for an order authorizing emergency surgery Petition for sale or finance of religious/not-for-profit property Name change application Habeas corpus application Application for discovery in out-of-state action (CPLR 3102 (e)) Other ex parte applications not requiring ongoing judicial assignment
New RJI Required with $ 95 Fee (Ongoing Assignment of IAS Justice) Notice of motion or petition Order to show cause Note of issue Notice of medical, dental or podiatric malpractice action Statement of net worth Request for preliminary conference Other applications in a case to be assigned to an IAS Justice Infant’s,incompetent’s, and wrongful death compromise orders (no action commenced) October 18, 2011
Revised January 19, 2012
PAYMENT OF FEES - E-FILED CASES
Effective August 1, 2011, attorneys will no longer be able to pay filing fees in New York County Supreme Court in electronically filed cases by submission of payment in person at the office of the County Clerk. The “pay at the Court” option in the New York State Courts Electronic Filing System (“NYSCEF”) will be deactivated on that date. The New York County Clerk will thereafter accept payment online via NYSCEF by means of a credit or bank card bearing a Visa or Mastercard logo. It is expected that in the near future the County Clerk will also be in a position to accept payment of fees online via NYSCEF by American Express credit card.
July 8, 2011
CHANGES IN THE ADMINISTRATIVE COORDINATING PARTS (PARTS 40 AND 27 CITY)
Effective Monday, April 11, 2011, Honorable George J. Silver will handle the assignment of trial-ready cases in the Administrative Coordinating Parts. The Parts, previously designated Part 40 and Part 27 City (City cases), will henceforth be designated Part 40 and Part 40 City (City cases). The calendars of these Parts were previously called at 10 AM. Henceforth, they will be called at 9:30 AM. The Part 40 and Part 40 City calendars will be called Monday through Thursday, in Room 136 at 80 Centre Street. In addition to this new assignment, Justice Silver will maintain his Motor Vehicle assignment (Part 22).
April 5, 2011
CHANGES TO CERTAIN OFFICES AND PROCEDURES
CHANGES TO CERTAIN OFFICESEffective immediately, the processing of Secure Pass applications and renewals is being moved from Room 148 at 60 Centre Street to 111 Centre Street (White Street entrance). As to any applications that were submitted to 60 Centre Street and that remain pending, attorneys should obtain the Secure Pass or information about the application at 111 Centre Street (White Street entrance).
Effective February 9, 2011, changes are being made to certain offices of the court at 60 Centre Street. First, the counter functions of the Trial Support Office (Room 158) will henceforth be conducted at the main counter in Room 119. Documents that heretofore have been submitted by the Bar in Room 158, such as requests for a preliminary conference, notes of issue, jury demands, or notices of medical malpractice action, shall hereafter be submitted to Room 119. In e-filed cases, documents shall be submitted electronically.
Second, the Commercial Division Office shall move from its present location (Room 148) to Room 119 A, which can be reached through a separate entrance to the right of the main counter of Room 119, except for the Division’s ADR program, which shall remain in Room 148. The functions of the Commercial Division Office shall remain unchanged. Orders to show cause, ex parte orders, proposed long form orders and counter-orders, preliminary conference requests, notes of issue, and jury demands in Commercial Division cases shall continue to be submitted to the Commercial Division, now in Room 119 A. In e-filed commercial cases, documents must be e-filed and those documents that are submitted for judicial review must also be submitted in working copy form (bearing, firmly affixed to the back facing out, a copy of the Confirmation Notice generated by the New York State Courts Electronic Filing System (“NYSCEF”) upon the filing of the document with NYSCEF). For more information on e-filing, see the Protocol on Electronic Filing posted on the “E-Filing” page of the court’s website at www.nycourts.gov/supctmanh.
Third, the Special Referees Part calendar shall be called in Room 106 at 80 Centre Street.
CHANGES TO CERTAIN MOTION PROCEDURES
Effective March 15, 2011, the following changes in procedures in the Motion Support Office (Room 119) and the Motion Support Office Courtroom (Room 130) will be implemented.
(1) An attorney seeking to submit to the Motion Support Office (Room 119) a motion or petition on notice in a hard copy case shall present only the original notice of motion or notice of petition, proof of service thereof, and any annexed Rule 202.7 affirmation/affidavit, together with one photocopy of those documents, which is used for scanning the documents into the Supreme Court Records On-Line Library (“Scroll” ) . Affirmations or affidavits in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Support Office Courtroom (Room 130) on the final return date of the motion. Proof of service of the affirmations, affidavits and memoranda, if separate from the proof of service of the notice of motion/petition, may be submitted with the former documents. An attorney whose office is located outside the County of New York may submit by mail or express delivery service the notice of motion/petition, proof of service and Rule 202.7 affidavit/affirmation and the photocopy thereof, together with the motion fee ($ 45) in the form of a money order or attorney’s check made payable to the New York County Clerk (personal checks not accepted), provided that the package arrives within the time set forth in the next paragraph.
(2) The original notice of motion/petition, proof of service, 202.7 affirmation/affidavit and one photocopy shall be presented to Room 119 no later than five business days before the original return date, but no earlier than 30 days prior to that return date. Any such submission presented more than 30 days prior to the return date will not be accepted at that time.
(3) Heretofore, when papers on a motion/petition have been submitted in Room 119 with a request for judicial intervention, the motion/petition has been placed on the “Initial Motion Calendar” in Room 130 for the original return date. A Justice has been assigned prior to the return date and, on the return date, the matter has been adjourned one week for submission of papers. As of March 15, 2011, the Initial Motion Calendar shall be abolished. All initial motions/petitions (motions/petitions accompanied by RJI) shall appear on the “Submissions Calendar” on the original return date. The motions/petitions will not be automatically adjourned. Attorneys shall submit all papers on the motion/petition on the return date or arrange for an adjournment in accordance with the procedures of the Motion Support Office Courtroom and submit all papers on the final return date. See “Motions/Proceedings on Notice” under the “Courthouse Procedures” link on the home page of the court’s website.
(4) Cross-motions, papers in opposition, and replies on a motion/petition on notice in a hard copy case shall be submitted to the Motion Support Office Courtroom (Room 130) on the final return date of the motion/petition and will not be accepted until that date.
(5) Documents in electronically filed cases in which a motion/petition on notice is made returnable in the Motion Support Office Courtroom (Room 130) may be e-filed at any time, as at present, except that the moving papers should be e-filed at least eight days prior to the return date to allow the staff time to process and calendar the motion. Unless the Justice assigned dispenses with such copies, attorneys must submit working copies of documents on the motion/petition in the Courtroom on the final return date, including copies of all opposition and reply documents, to each of which a copy of the Confirmation Notice shall be firmly affixed as stated above.
(6) Attorneys are reminded that motions/petitions on the calendar of the Motion Support Office Courtroom may be adjourned by e-mail where such adjournments are in conformity with the procedures of the Courtroom and provided that there are no more than three adjournments of the matter for a total of 60 days. See the link labeled “Motions/Proceedings on Notice” under “Courthouse Procedures” on the website of the court at the address listed above.
Feb. 8, 2011
COUNTY CLERK'S ROOM 141 B (LAW AND EQUITY)
The County Clerk's Room 141 B (Law and Equity) in the basement at 60 Centre Street has moved temporarily to Room 300 at 60 Centre Street.
October 12, 2010
MANDATORY ELECTRONIC FILING - - MAY 24, 2010
Electronic filing will become mandatory in certain commercial cases in New York County Supreme Court. The target date for this new program is May 24, 2010. For information on this important initiative, please click here.
April 30 , 2010
NEW MEDICAL MALPRACTICE PART
All pending medical malpractice cases brought against the New York City Health and Hospitals Corporation, one of its hospitals or other facilities, or any affiliate indemnified thereby, whether such defendant is represented by the New York City Law Department or outside counsel, are being transferred to Hon. Douglas E. McKeon (IAS Medical Malpractice Part 38), who currently serves as Presiding Justice of the Appellate Term, First Department and who shall maintain that assignment as well. All such cases that are hereafter initiated in this court shall be assigned to Part 38.
Justice McKeon will handle motion practice, discovery issues and scheduling, and other proceedings in these cases. In addition, Justice McKeon will pursue a special effort to settle these cases. This initiative is being undertaken to assist the Bar and the parties to these matters to achieve an early resolution on acceptable terms wherever possible.
Settlement conferences will take place on the third Wednesday of each month at 10:00 AM in Room 408 beginning on September 17, 2008. Other appearances shall take place every Thursday in Room 408 at a time to be determined beginning on September 18, 2008. Outstanding discovery orders previously issued in these cases remain in effect unless otherwise directed by the court after conference or motion practice and compliance with deadlines set forth in such orders is expected. Dates previously scheduled for conferences and argument of motions in these cases shall be rescheduled by Part 38 and counsel will be informed of the new date for appearance.
The settlement conferences referred to above will be scheduled by Part 38 and counsel will be notified. No adjournments will be granted without leave of the court. A representative from the Comptroller’s Office will be present at each such conference. A claims examiner or other representative of the insurers of all other parties to each case shall attend as well. Participants must have authority to settle the case and participating attorneys must be fully familiar with the case.
In addition, special proceedings against the New York City Health and Hospitals Corporation seeking leave to file a late notice of claim or pre-action discovery in medical malpractice actions will also be assigned to Justice McKeon in Part 38.
Information on individual cases can be obtained from the court’s SCROLL system, access to which is available on the website of the Supreme Court, Civil Branch, New York County at www.nycourts.gov/supctmanh (under “Case Information”). Counsel are reminded that, should adjournments of motions in the Motion Support Office Courtroom be sought in any reassigned cases, the Courtroom accepts stipulations of adjournment by e-mail. For details, see the notice on our website under “News and Announcements.”
September 9, 2008
COMMERCIAL DIVISION E-FILING
The Commercial Division of Supreme Court, Civil Branch, New York County is instituting a new policy regarding electronic filing, effective June 15, 2008. Click here for a Statement of the Administrative Judge and the Commercial Division Justices and a Notice to the Commercial Division Bar.
May 23, 2008
NOTICE TO THE BAR REGARDING APPLICATIONS FOR
TEMPORARY RESTRAINING ORDERS SUBMITTED TO
THE EX PARTE OFFICEPursuant to Uniform Rule 202.7 (f), upon an application for an order to show cause that seeks a temporary restraining order, the application must contain an affirmation demonstrating that there will be significant prejudice to the party seeking the restraining order by the giving of notice. In the absence of such prejudice, the affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought of the time, date and place that the application will be made sufficient to permit the party an opportunity to appear in response to the application. It is the practice of this court that the applicant must notify the party against whom the restraining order is sought of the time and date that the application will be submitted to the Ex Parte Office. Further, counsel shall advise the adversary that he or she will inform the adversary of the place, date and precise time when the Justice will entertain the application. Once the papers have been submitted to the Ex Parte Office, applying counsel shall contact the Part of the Justice in question to determine when and where it will be convenient for the Justice to entertain the application. Counsel shall then promptly notify the adversary. Counsel shall not appear in the courtroom of the assigned Justice without having first made such an inquiry.
Dated: August 21, 2007
NOTICE TO THE BAR REGARDING NEW RULE
ON THE SUBMISSION OF PROPOSED
COUNTER-ORDERS AND COUNTER-JUDGMENTSUniform Rule 202.48 (c) (2) was amended recently, effective September 1, 2007, to require that proposed counter-orders and counter-judgments be submitted together with a copy that has been marked clearly to indicate each change to the proposed order or judgment that is being suggested. For the text, click here. The Supreme Court, Civil Branch, New York County has had a similar rule in place for some time (see Rule 16 (b) of the Rules of the Justices).
July 18, 2007
NOTICE TO THE BAR REGARDING MOTIONS RETURNABLE IN
THE MOTION SUPPORT OFFICE COURTROOMEffective February 1, 2007 and until further notice, the Motion Support Office Courtroom (Room 130) will operate a pilot program that will accept in electronic form certain papers regarding motions returnable in the Courtroom. The papers that may be submitted in this way consist of the following: (i) stipulations of adjournment; and (ii) an affirmation or affidavit reciting that oral consent to a requested adjournment was obtained (with proof of service). These papers must comply with the practices of the Courtroom, which are described on the court’s website at:
www.nycourts.gov/supctmanh/motions on notice.htm
Counsel who wish to avail themselves of this procedure must submit the stipulation or affidavit/affirmation in PDF format as an attachment to an e-mail message sent to the following e-mail address: NYMOTCAL@courts.state.ny.us. Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. In addition to the caption and the index number, each submission must identify the date on which the motion is then returnable. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted.
Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. However, counsel should understand that requests for adjournment by stipulation or on consent recorded in an affidavit/affirmation of counsel will be granted if the request complies with the procedures of the Courtroom, including that with such adjournment there be no more than three adjournments for a total of no more than 60 days (Uniform Rule 202.8 (e) (1)). Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification. Counsel may confirm the outcome of a request by consulting the “Motion Support Calendars” link on the home page of the court at www.nycourt.gov/supctmanh. The dispositions of each day’s Room 130 calendars are posted on the website at 3 P.M. in the afternoon of the same day.
Effective immediately, the “All Papers By” calendar is being abolished except with respect to motions already on that Calendar.
Dated: January 18, 2007
HON. JACQUELINE W. SILBER MANN
ADMINISTRATIVE JUDGE
ON-LINE ACCESS TO COURT RECORDS
AND DATA
The Supreme Court, Civil Branch, New York County will shortly introduce a system that will afford attorneys and litigants unprecedented access to court information and case documents via the internet. Some time ago, the Chief Judge of the State of New York, Honorable Judith S. Kaye, announced that the court system would begin to make court documents available on-line. The Unified Court System has designated two venues in the State to serve as pilot locations for programs of broad access to court records on-line. The Supreme Court, Civil Branch, New York County is one of these.
Our court has developed, in a close partnership with Honorable Norman Goodman, the County Clerk of New York County, a software program that will enable us to provide on-line access to a wide array of case data and case documents in most case categories in our court. On or about September 15, 2006, our court will post this program on this website. The program, which is called the "Supreme Court Records On-Line Library" or SCROLL," will provide the user, from the convenience of his or her office desktop or laptop, with access to the following in a simple, integrated format: (i) County Clerk data on cases filed in our court; (ii) Court case history data (from the Civil Case Information System (CCIS), the court’s internal case history computer system); and (iii) PDF images of key documents in each case (pleadings, decisions and orders, RJI’s, and the like).
For detailed information about the SCROLL system and related rules, click here.
July 7, 2006
AMENDMENTS TO UNIFORM RULES REGARDING DEPOSITION PRACTICE, TEMPORARY RESTRAINING ORDERS, ATTENDANCE OF CARRIERS AND OTHERS AT PRETRIAL CONFERENCES, AND 60-DAY NOTICES ABOUT MOTIONSEffective October 1, 2006, the Uniform Rules for the Trial Courts have been amended with respect to deposition practice, temporary restraining orders, and the attendance of insurance carriers and others at pretrial conferences regarding settlement. Further, an amendment has been made effective on the same date to the Rule about notice to the court of a motion undecided after 60 days from submission or oral argument (Uniform Rule 202.8 (h)); for this Rule as amended, click here.
NOTE ON NEW COURT FEES
New Fees
Legislation recently enacted has increased civil fees for Supreme Court, Civil Branch, and introduced some new fees as well. Effective July 14, 2003, fees will be as follows:
Index Number - $ 210
Request for Judicial Intervention - $ 95
Note of Issue - $ 125
Note of Issue (RJI fee previously paid) - $ 30 *
Jury Demand - $ 65
Notice of Appeal - $ 65
Filing of a Motion - $ 45
Filing of a Cross-Motion - $ 45
Filing of a Stipulation of Settlement - $ 35
Filing of a Stipulation of Discontinuance - $ 35* If a Note of Issue is filed after July 14, 2003 in a case in which an RJI was filed prior to that date, the fee will be $ 30 even though the RJI fee paid was $ 75.
Amendments to CPLR 2104 and 3217 require the defendant to file with the County Clerk a stipulation of settlement or a notice, stipulation or certificate of discontinuance.
As mandated by the Legislature, the court will do its best to see to it that the required fees are paid. At the same time, as the purpose of the legislation was solely to generate funds, the court will seek to enforce the new regime in a way that avoids the loss of rights for any party.
Fees on Motions and Cross-Motions
The legislation shall be implemented as follows with regard to motions and cross-motions:
– The new motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. Applications or motions that commence an action and for which an index number fee must be paid require no motion fee. Thus, for example, an application commencing an Article 78 or other special proceeding or a motion pursuant to CPLR 3213 would not require a motion fee because this application or motion requires an index number fee. Similarly, an ex parte application for pre-action disclosure (CPLR 3102 (c)) would not require payment of the motion fee because it requires an index number fee and commences an "action" for this purpose. However, any motions made after the initial applications in these situations would require payment of the motion fee. A motion that is the initial application in a case commenced by the filing of a summons and complaint would require a motion fee since the filing of the summons and complaint rather than the application itself would require the purchase of an index number. Uncontested matrimonial matters do not require payment of the motion fee.
– The fee must be paid on written cross-motions filed in opposition to motions on which a fee is required and also in opposition to applications or petitions for which a motion fee is not required.
– The fee must be paid on post-judgment motions and cross-motions made in writing.
Procedures for the Handling of Motions/Cross-Motions
Attorneys making motions by notice of motion should present the papers to the Motion Support Office (Room 119, 60 Centre Street) in the first instance. The staff of that office will inspect the papers for form and, if they are satisfactory, mark them indicating that they are acceptable for filing. This review will be conducted prior to the payment of the motion fee in order to ensure that fees are not paid with respect to motions that are defective and will be rejected (e.g., motions lacking proof of service or noticed for the wrong date). The filer shall then carry the papers to the Cashier of the County Clerk in Room 160 on the first floor of the 60 Centre Street courthouse. When the fee is paid, the County Clerk will place on the front of the notice of motion proof of payment in the form of a cashier’s receipt stamp. This will be similar to the process now followed with Requests for Judicial Intervention. The filer should then return to the Motion Support Office and deliver the papers. The Motion Support Office will not accept motions that do not bear the cashier’s receipt stamp but will require the procedure just described to be followed.
The same process should be followed with cross-motions except that, after preliminary review in Room 119 and the obtaining of the cashier’s receipt stamp, the papers should be delivered to the Motion Support Office Courtroom (Room 130) on the return date. The staff of the Motion Support Office Courtroom will not accept cross-motions that lack the stamp; once the Motion Support Office (Room 119) has approved the cross-motion for form and so marked the papers, the filer must pay the fee and return to the Courtroom to hand in the papers. The Motion Support Office will accept the cross-motion bearing the cashier’s receipt stamp even if the call of the calendar has concluded in Room 130 provided that the papers are submitted the same day as the call (and also, of course, that the papers were timely served and are in compliance with the procedures of the Courtroom).
The staff in court Parts will likewise accept cross-motions on the call of the calendar in the Part only if they bear proof of payment of the fee in the form of the cashier’s receipt stamp.
Attorneys who seek to present to the Ex Parte Office (Room 315) or the Commercial Division Support Office (Room 148) orders to show cause or ex parte applications for which a motion fee is required should obtain preliminary approval from the Office, pay the motion fee and receive a cashier’s receipt stamp on the papers from the County Clerk in Room 160, and then submit the papers to the one or the other Office.
Stipulations of Settlement or Discontinuance
The recent legislation introduced fees for the filing of stipulations of settlement and stipulations of discontinuance. Stipulations of partial discontinuance of an action require payment of the fee. The legislation has placed upon the defendant the obligation to file these documents. This court will continue, as in the past, to accept letters and signed responses to case inquiries informing us that a case has been settled and we will mark cases accordingly in our computer system. We will also continue to mark cases as settled as in the past when a settlement is reached in our Neutral Evaluation Program (informally known as "Mediation"), just prior to or during jury selection, or before a Justice. When stipulations of settlement or stipulations of discontinance are filed, however, they must be accompanied by a check or other approved form of payment for the required fee ($ 35). These stipulations accompanied by proper payment should be delivered to the Cashier of the County Clerk (Room 160). The County Clerk will thereafter transmit these stipulations to the Trial Support Office (Room 158) so that the court can confirm that the court’s computer has been marked to reflect the disposition. The County Clerk will expect to receive payment when these stipulations are filed regardless of which party is doing the filing; the parties should resolve between themselves the final responsibility for the fee.
Methods of Payment
The New York County Clerk will accept payment of fees only in cash, or by Visa or MasterCard credit cards, New York attorneys’ checks, certified checks, or postal money orders. All Supreme Court, Civil Branch, New York County fees shall be made payable to the New York County Clerk.
Additional Information
With regard to stipulations of settlement and discontinuance, see the Trial
Should further information about the new fees become available or if any modifications are made in the foregoing principles or procedures, notice will be posted on this website. The Bar is requested to follow this site for such information.
Dated: July 10, 2003
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