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Civil Term - Part Rules, Part 53, Courtroom 27


Justice Joseph J. Esposito
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Ph.: 718-298-1095
Courtroom Ph.: 718-298-1052
Fax Ph.: 718-298-1145

Appearances and Adjournments | Preliminary Conference | Compliance Conference | Motions and Orders to Show Cause | Ex-Parte Applications | Orders of Protection and Automatic Orders | Requests for Judicial Intervention | Pre-Trial Conferences | Trials and Judgments | Post-Judgment Applications

 

Appearances and Adjournments

All parties and attorneys must be present at every appearance unless specifically excused by the court. Calendar call is at 9:30 am unless otherwise instructed by the court. All attorneys and parties appearing pro se must check in with courtroom staff upon entering the courtroom.

  1. At time of calendar call or check in, the court shall be notified of any orders of protection.
  2. Notification for Court Interpreter Services shall be made to the court as soon as practicable but not less than 24 hours prior to first court appearance. At time of calendar call or check in the court shall be reminded that court interpreter services are needed.

A notice of appearance shall be filed in the Office of the County Clerk and the Matrimonial Office with a courtesy copy to part clerk.

Two business cards are to be submitted to the court at the first appearance.

Litigants who are represented by counsel should communicate with chambers staff or the court through counsel.

Request for adjournments shall be made in advance by contacting the part clerk in the courtroom. Do not contact chambers concerning adjournments unless instructed to by the part clerk. Do not fax or mail request for adjournment to the court without first contacting the part clerk. After speaking with the part clerk, counsel shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment. Faxed stipulations of adjournment will only be accepted if signed by all parties or their attorneys, including the attorney for the child if one has been appointed. The stipulation shall be faxed to chambers at least one (1) day prior to the scheduled appearance date. All adjournments are subject to denial by the Judge.

All adjournments on the grounds of engagement of counsel shall be granted only in accordance with Part 125 of the Rules of the Chief Administrator of the Courts. Affirmation must be faxed to the court at least one (1) day prior to the court appearance.

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Preliminary Conference

Preliminary conferences shall be held on Tuesdays unless otherwise directed. The Calendar call is 9:30 am.

Pursuant to 22 NYCRR 202.16(d), an RJI shall be filed within forty-five (45) days of the date of service of the summons unless an affidavit of no necessity is filed, in which case, the RJI shall be filed within 120 days.

Net worth statements with required documents, including parties’ recent pay stubs or W-2 and attorney’s retainer statement, are to be filed with the court ten (10) days prior to the conference date. The appearance of the parties is required at the Preliminary Conference (22 NYCRR 202.16[F][1]).

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Compliance Conference

Compliance Conferences shall be held on Tuesdays. Calendar call is 9:30 am. Please be prompt. Failure to comply with discovery or preliminary conference orders shall be brought to the court’s attention by conference call to chambers prior to the compliance conference.

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Motions and Orders to Show Cause

Motions shall be heard on Wednesdays. Calendar call is at 9:30 am. Motions shall be made returnable only on the part’s motion day. When noticed in error the Matrimonial Clerk’s Office shall calendar the motion for the part’s next available motion day. If the case already has a date scheduled in the future, the motion may be made returnable on that previously assigned date even if it is not a regular scheduled motion day.

Appearance and oral argument are required on all motions.

All cross-motions shall be filed with the County Clerk’s office at least two (2) days prior to the return date of the motion. Fees shall be paid and cross-motion and response papers are to be filed with the Part Clerk two (2) days before the return date of the motion.

No motion papers will be accepted by the court unless all exhibits are properly indicated by protruding tabs.

Any application related to child support shall include a Chid Support Standards Act worksheet.

Counsel AND the parties are required to appear on all motions.

The court does not accept courtesy copies of motion papers.

Pursuant to the CPLR, after argument of an application, sur-replies, memoranda and letters addressed to the substance of the pending application will not be considered.

Allegations of fact submitted to the court, including allegations contained in an affidavit or the complaint, must be certified by counsel in the form prescribed by the Chief Administrative Judge.

Copies of the Family Court petition and any existing orders must be submitted with applications to consolidate.

Initial post-judgment applications shall be brought by Order to Show Cause. In the event that there is a post-judgment application pending, further application may be made by Notice of Motion or Cross-Motion.

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Ex-Parte Applications

Any application for temporary injunctive relief shall contain an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving notice. In the absence of a showing of significant prejudice, an affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought in accordance with 22 NYCRR 202.7. This rule does not apply to temporary orders of protection.

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Orders of Protection

Applications for an Ex Parte Order of Protection are heard the same day they are filed.

Counsel are required to have their clients present, unless excused by the court.


Automatic Orders:

Pursuant to Domestic Relations Law §236 B(2)b, when serving a summons, a copy of the automatic order must also be served and noted in the affidavit of service separately.

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Request for Judicial Intervention (RJI)

A request for a preliminary conference shall accompany the RJI and both are to be served on all parties.

Both a copy of the RJI and the request for a Preliminary Conference shall be filed with the Matrimonial Clerk’s Office.

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Pre-Trial Conferences

Pre-Trial conferences shall be held on Thursdays. Calendar call is 9:30 am. Please be prompt. At the pretrial conference, counsel shall provide the court with:

  1. Pre-proof of filing of Note of Issue;
  2. Statements of proposed disposition;
  3. updated Networth Statements; and
  4. child support worksheet, if applicable.

Counsel shall present all motions in limine at this conference.

Once a case has been assigned a trial date, it is presumed ready for trial.

Adjournment on consent will not be accepted. In the event the action is resolved prior to the court date, counsel are expected to notify chambers immediately.

A Note of Issue shall be filed in accordance with the compliance conference order or other order of the court.

Counsel shall provide the court with statements of proposed disposition, updated net worth statements with the last three (3) years tax returns, and child support worksheets when applicable.

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Trials

All parties must appear at each trial date unless excused by the court.

Chambers shall be notified by all sides immediately if the action is resolved prior to the scheduled trial date.

Pursuant to 22 NYCRR 2-216(g), all experts reports are to be exchanged and filed with the court sixty (60) days before the date set for trial. Reply reports, if any, shall be exchanged no later than thirty (30) days before said date.

The following, if applicable, shall be provided to the court at least one (1) week prior to the date of trial if not previously provided at a pre-trial conference:

  1. Marked pleadings;
  2. Updated affidavits of net-worth, statements of proposed dispositions and child support worksheets;
  3. A witness list and any pre-trial memorandum;
  4. Expert reports which were served no later than thirty (30) days before trial;
  5. A list of all proposed exhibits;
  6. A list of documents, pre-marked by counsel, which counsel may stipulate into evidence.
  7. A written copy of any issues or facts to which parties can stipulate before trial; to be read into the record at the commencement of trial.

When presenting a witness with a document to be marked into evidence, a courtesy copy of that document must also be presented to the court.

There will be no adjournments of the trial date without express court permission.

Failure to proceed may result in a judgment of default or dismissal of the action.

Copies of trial memorandum/decisions will be mailed or faxed to counsel and self-represented litigants.

Judgments:

All judgments shall include a completed copy of the Matrimonial Clerk’s Office’s contested judgment checklist, indicating all necessary attachments.

Pursuant to 22 NYCRR 202.48, proposed judgments with proof of service on all parties must be submitted for signature, within sixty (60) days, unless otherwise directed by the court.

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Post Judgment Applications

If a contested judgment of divorce was signed within 18 months of an application to modify the issue of custody and/or visitation, the application will be heard in the Supreme Court.

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