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Civil Term - IAS Part 31, Courtroom 208,


Justice Frederick D. R. Sampson
25-10 Court Square
Long Island City, NY 11101
Chambers Phone: (718) 298-1671
Courtroom Phone: (718) 298-1666

Facsimile: (718) 520-8575

Law Secretary: Ms. D. Finley
Legal Secretary: Ms. T. Best
Part Clerk: Mr. J. Rutherford
Court Officer: Officer Powell

Court Appearances of Counsel | Adjournments | Preliminary Conference | Compliance Conference | Motions | Trials | Settlements and Discontinuances

NO TELEPHONE INQUIRES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS.

All inquiries as to the case or calendar status are, in the first instance, to be made to the appropriate Clerk's Office as follows:

Motion Support Office: (718) 298-1009
Ex-Parte Office: (718) 298-1018
Matrimonial Office: (718) 298-1012
Trial Term Office: (718) 298-1015

The only inquiries to be made directly to Chambers or the Part should be those involving the immediate exercise of judicial discretion. Unless exigent circumstances exist, any inquiries to Chambers shall be made after 3 p.m. each day.

Court Appearances of Counsel

Attorneys are directed to appear on Thursdays at 10:30 a.m. sharp for the Matrimonial motion calendar calls, and at the previously scheduled date and time for all hearings, either personally or by a representative fully familiar with the case and who is authorized to settle, try, stipulate or dispose of any issue. In the event of actual engagement, as defined in Rule 125.1 of the Court Rules, an affidavit or affirmation must be submitted to the Clerk of the Part prior to the calendar call together with a stipulation signed by opposing counsel setting forth an agreed upon adjourned date. Failure to comply with the foregoing may result in dismissal, inquest or other sanctions. Mandatory appearance of all counsel and pro se litigants is required on all Matrimonial applications made by Order to Show Cause, particularly any applications to impose or continue a temporary restraining order. Appearances for all other motions shall be made in the Centralized Motion Part (CMP).

Adjournments

Applications for adjournments will only be entertained either at the call of the Matrimonial calendar or court appearance in the presence of all parties, or by stipulation, signed by all parties setting forth the reason(s) for the adjournment request. Stipulations to adjourn motions shall be faxed to chambers at (718) 520- 8575 at least 24 hours prior to the Matrimonial calendar call, and followed up by a telephone call to ascertain if the request has been granted prior to the motion date. Adjournment requests of any other court appearances shall be made at least 48 hours prior to such appearance through the Part Clerk upon receiving an approved court date for such adjourned appearance by the Clerk. Thereafter, a stipulation indicating the approved court date shall be faxed to chambers at the aforementioned number. Counsel must make every effort to notify their adversaries and co-counsel of their intention to seek adjournments, and if possible, to obtain consent of all parties. No adjournment request will be granted by telephone.

Preliminary Conference

Preliminary Conferences will be held every Monday at 9:30 a.m. in the P.C. Part, located at 88-11 Sutphin Blvd., Jamaica, N.Y., room 3002, unless parties are otherwise notified by the Court. Counsel attending the conference must be fully familiar with and authorized to settle, stipulate or dispose of the proceedings. There shall be no more than one consent adjournment by written stipulation, signed by all parties, and presented to the referee on the date of the scheduled Preliminary conference. Such adjournment shall be for a period of no more than 14 days, unless approved by the referee. Any further adjournments shall be by application to the referee, in person, upon notice to all other parties. A Preliminary Conference Order will issue setting forth the issues resolved, issues to be determined at trial, a timetable for completion of disclosure proceedings, the Compliance Conference date, and the date for filing the Note of Issue. No adjournments of any dates of scheduled discovery will be permitted without leave of court. Be further advised that no ex-parte application for adjournments will be entertained. Counsel for all parties must appear at all scheduled Preliminary Conferences and, whether present or not, will be bound by all orders of the court issued in connection therewith. Failure to comply with the foregoing may result in discovery ordered ex parte, dismissal, inquest or other sanctions. Further, the order shall contain dates certain for which discovery shall be conducted. Any Preliminary Conference Orders for which dates are left empty or marked “to be determined” shall be rejected, and not signed by this Court. Any inquiries pertaining to Preliminary Conferences shall be made to the Preliminary Conference Part at (718)-298-1046.

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Compliance Conference

Compliance conference shall be held on the date scheduled in the Preliminary Conference
Order. Conferences shall be held before Justice Ritholtz in Room 313 of the Courthouse located at 88-11 Sutphin Blvd., Jamaica, N.Y. Any inquiries pertaining to Compliance Conferences shall be made to the Compliance Conference Part at (718)-298-1093.

Motion Procedure (for motions made in unassigned cases):

1. Moving papers are to be filed in the Clerk's Office pursuant to Uniform Rule 202.8(b) and the instructions under the listings for this court in the Law Journal. Such papers shall be filed in the IAS Motion Support Office at 88-11 Sutphin Blvd, Jamaica, N.Y., at least seven (7) business days prior to the scheduled return date in order to be placed on the Part motion calendar for the day noticed. Answering papers will be accepted only on the return date in the Part. Service requirements under CPLR 2214 and 2215 will be strictly enforced.

2. No motion relating to disclosure or a bill of particulars will be accepted by the Clerk's Office without an affirmation of good faith as required by Uniform Rule 202.7.

3. All initial motions filed in the Clerk's Office will be heard for all purposes in the Part on the rescheduled date indicated in the Law Journal publication of the IAS assignment.

4. The motion appearance requirements in the Part are specified in the Motion Practice section below.


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Motions

The following are the motion appearance requirements for motions made after assignment of cases to the Part:

1. With the exception of Matrimonial motions, all motions filed and accepted in the Clerk's Office and assigned to Justice Sampson, shall be made returnable in the Centralized Motion Part (CMP) in Supreme Court, Jamaica, New York. Please refer to the CMP Rules located at www.nycourts.gov/courts/1jd/supreme/civilterm/Centralized_Motion_Part_Rules.pdf. Further, please direct all questions concerning those motions to the CMP clerk at (718) 298- 1728.
2. Moving papers shall be filed in the IAS Motion Support Office as provided for above in the Motion Procedure section of the General Rules. Answering and cross-moving papers will be accepted only on the return date in the Part. Cross-Motions that do not have proof of payment of the appropriate fees, pursuant to CPLR 8020(a), will not be accepted at the calendar call. Service requirements under CPLR 2214 and 2215 will be strictly enforced. All motion papers submitted shall be in compliance with Uniform Rule Sec.202.5, concerning papers in the court. In addition, all pages and paragraphs are to be numbered. All exhibits are to be proceeded by a numbered exhibit tab which protrudes from the stack of papers. All submissions are to be securely fastened so as to prevent the papers from separating from each other and becoming lost. Cross-motions shall not be considered as opposition to main motions. Papers proffered in opposition to the main motion shall be contained in a stand alone document and not subsumed in a cross-motion. Likewise, papers proffered in opposition to a cross-motion shall be a stand alone document and not subsumed in a reply. Failure to comply with the requirements of this section may result in rejection of the offending submission. No sur-reply will be considered without leave of the court. No papers may be submitted directly to Chambers. Any papers sent to Chambers or the Part after submission of the motion will not be considered.

3. Matrimonial motions shall be heard on Thursdays at 10:30 a.m, in Part 31, located at 25 -10 Court Square, Long Island City, N.Y. 11101, Courtroom 208, on the return date and the appearance of all counsel and pro-se litigants is mandatory. Papers will not be accepted from calendar services inasmuch as a personal appearance by counsel and/or the pro-se litigant is required. The failure of the moving party to appear will result in the motion being denied. On that date, the motion may be conferenced by the Justice or his Law Secretary, or otherwise treated pursuant to the discretion of the Justice. Rulings on applications will also be made at this time.

4. All stipulations must indicate that the moving, and where appropriate, the cross-moving papers is/are being withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the calendar call. The name of the attorney appearing on behalf of the firm is to be printed legibly beneath each signature.

5. Motions may be withdrawn by affirmation of the movant, indicating the return date/submission date of the motion and that there has been no cross motion served on the motion. If a cross-motion has been served, an appearance of all parties is required, unless the movant also proffers a stipulation in which the cross-movant agrees to the withdrawal of the cross-motion.

6. Courtesy copies of moving and answering papers shall only be provided for E-Filed submissions. Further, when an E-Filed application is presented by order to show cause, upon the request of Chambers, the movant shall overnight mail courtesy copies of the affirmation, affidavits and exhibits proffered in support of the motion, with a cover letter indicating the date that the order to show cause was filed with the Motion Support Office.

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Trials

All counsel must submit to the Court, prior to the commencement of trial, a Trial Book containing, inter alia, marked pleadings, a copy of the bill of particulars, a witness list, an exhibit sheet, a proposed verdict sheet and proposed jury instructions written in the narrative and verbatim as counsel would have the Court to charge. If the proposed jury instructions are verbatim from the Pattern Jury Instructions ("PJI"), only PJI numbers are necessary. If a PJI is being modified, the exact language must be submitted together with the appropriate authority therefor. In the case of a bench trial, all counsel must submit a witness list, proposed findings of fact and a memorandum of law. The trial will be conducted on a continual basis until conclusion. No adjournments will be permitted unless exigent circumstances exist. The parties must notify the court of all legal issues and shall furnish the court with copies of the cases and authority relied upon, highlighting in yellow the appropriate portion supporting their positions. The parties must be present for settlement or discontinuance of any case on trial, whereupon there shall be a complete Allocution of the plaintiff.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately comply with section 202.28 of the Court Rules, as amended.

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