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New York StateUnified Court System

Civil Term - Part Rules, Part 4, Courtroom 66


Justice Marguerite A. Grays
88-11 Sutphin Blvd.
Jamaica, NY 11435
Courtroom Phone: 718-298-1214

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

All such inquiries must be made to Motion Support (718-298-1009), or to the Ex Parte Office (718-298-1018), or to the Clerk of the Part (718-298-1214), or to the Foreclosure Clerk at 718-298-1092.

DO NOT MAKE ANY INQUIRES VIA E-MAIL TO THE COURT.

Preliminary Conference | Compliance Conference | Motions | Motion Papers and Decisions | Trials | Settlements and Discontinuances

 

Preliminary Conference

A preliminary conference shall be scheduled (1) automatically by the Court within 45 days after filing a Request for Judicial Intervention, pursuant to 22 NYCRR §202.12(b); or (2) upon filing a written Request for a Preliminary Conference with the Clerk’s Office, Room 140, in compliance with 22 NYCRR §202.12(a); or (3) an appropriate notice is filed in malpractice or certiorari cases pursuant to 22 NYCRR §202.56 and §202.60.

All preliminary conferences will be held on Monday at 11:30 a.m. at the Preliminary Conference Part, Room Number 3002, of the courthouse, and they are presided over by the court-appointed referee, unless otherwise directed by the Court. Failure to appear at the scheduled preliminary conference may result in discovery being ordered ex-parte or any other appropriate sanction including preclusion or dismissal. Any inquiry pertaining to preliminary conferences shall be made to the Preliminary Conference Part at (718) 298-1046.

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Compliance Conference

For all Non-Commercial Division cases, compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Martin Ritholtz in Room 313.

For all Commercial Division cases, compliance conferences shall be held on the date scheduled in the Preliminary Conference Stipulation and Order. Conferences shall be held before Justice Grays in Courtroom 66. The call of the calendar will be held at 11:30 a.m.

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Motions

ALL MOTIONS NOTICED TO BE HEARD AFTER OCTOBER 1, 2012 ARE RETURNABLE IN THE CENTRALIZED MOTION PART (CMP). All parties are required to comply with both the CMP Rules and the Part 4 Rules regarding “Motion Papers”. THE COURT WILL NOT CONSIDER PAPERS SENT TO CHAMBERS OR TO THE PART AFTER SUBMISSION OF THE MOTION. Any/all questions regarding motions returnable in the CMP shall be directed to the CMP at (718) 298-1728.

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Motion Papers

All motion papers submitted shall be in compliance with 22 NYCRR §202.5, concerning papers filed with the court. In addition to the requirements of 22 NYCRR §202.5, all pages are to be numbered and all 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. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.

Any party annexing a deposition transcript in excess of one hundred (100) pages as an exhibit to a motion, shall submit such transcript on a disc, in lieu of paper, with the motion. Any party who files a motion and/or opposition thereto pursuant to the NYS Courts Electronic Filing (“E-filing”), only, shall provide this Court with working copies of the documents filed electronically, which shall be submitted to the CMP Clerk on the first noticed return date of the motion. Each working copy shall include, firmly affixed thereto, a copy of the Confirmation Notice received from the NYSCEF site upon the electronic filing of such document (22 NYCRR 202.5-b(d)(3)(ii).

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION/DENIAL OF THE OFFENDING SUBMISSION.

 

Decisions

Any attorney or pro se litigant desiring a copy of the Court’s decision must submit a stamped, self-addressed envelope with the motion papers or at the conclusion of trial.

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Trials

1. All counsel must submit to the court, prior to the commencement of trial, marked pleadings, a copy of the Bill of Particulars, a witness list, exhibit list, proposed jury instruction and a proposed verdict sheet.

2. Motions in Liminie – On the first appearance in the Part for trial, any party intending to make a motion in liminie shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the court with an original and one copy and provide counsel for all parties with a copy.

3. The trial will be conducted on a continual daily basis until conclusion.

4. No adjournments or delays during trial will be allowed unless exigent circumstances exist.

5. Counsel are reminded that for all Commercial Division cases, the parties shall comply with the relevant pre-trial conference and trial rules as required by 22NYCRR 202.70.

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Settlements and Discontinuances

If an action is settled, discontinued or otherwise disposed of, counsel shall immediately inform the court by submission of a copy of the stipulation or a letter directed to the Clerk of the Part. All Stipulations of discontinuances must be accompanied by proof of payment of the appropriate fee. (CPLR §8020(d)(1)).


FORECLOSURE SETTLEMENT CONFERENCES

1. Foreclosure conferences for Part D are held on Wednesdays at 10:00 a.m. There are two calls of the calendar. Effective May 1, 2013, the second call of the calendar will be at 11:30 a.m.

2. Foreclosure conferences for Part S (Servicer Part) are held on Wednesdays at 2:15 p.m. There are two calls of the calendar. The second call of the calendar will be immediately after the first call of the calendar. Appearance by a Bank Representative is MANDATORY for this conference.

3. Applications for adjournments on consent, or otherwise, will be entertained only at the call of the calendar, and will not be entertained by mail, fax or by telephone. Calendar service or non-attorneys will not be permitted to make applications for adjournments. Applications for an adjournment will be granted as a matter of right for the first time but for no more than three weeks. No further applications will be granted without permission of the Court. Counsel must make every effort to notify their adversaries of their intention to seek an adjournment.

4. Plaintiff MUST bring the following documents and information to the conferences: the summons and complaint; the closing package, including the Mortgage, Note, Rider(s) and HUD-1 Statement from the last closing; loan resolution proposals, applications and any other information resulting from any previous workout attempts; a blank loan modification application/package; the date of default; the reinstatement amount; and the payoff amount.

5. Defendant(s) MUST bring the following documents to the conferences: correspondence from the lender regarding defendant’s past due status; pay stubs for the past thirty (30) days; W2's/Tax Returns for the past two (2) years; proof of any other income such as alimony, child support and/or disability; lease(s) for tenant(s); bank statements for past 2 months (all accounts); monthly statements for bills/expenses currently being paid, including credit cards and car note(s); most recent property tax statement; credit report (if done recently); and a hardship letter explaining why defendant fell behind on his/her monthly mortgage payments.

FAILURE TO COMPLY WITH THE DOCUMENT/INFORMATION PRODUCTION SET FORTH IN SECTION 4 AND SECTION 5, MAY RESULT IN DISMISSAL OF THE ACTION OR RELEASE FROM THE PART.

Copies of relevant correspondence in foreclosure Conference Part D matters may be sent to FC-DPART@courts.state.ny.us .

Copies of relevant correspondence in foreclosure Servicer Part matters may be sent to QNSSERVPRT@courts.state.ny.us .

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