New York Courts dot gov
New York StateUnified Court System

Civil Term - Part Rules, Part 7, Courtroom 67


Justice Valerie Brathwaite Nelson
88-11 Sutphin Boulevard
Jamaica, NY 11435
Chambers Phone: 718-298-1170
Courtroom Phone: 718-298-1042

NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR APPLICATIONS MAY BE MADE TO CHAMBERS. All such inquiries must be made to Motion Support at 718-298-1009 or to the Ex Parte Office at 718-298-1018 or to the Clerk of the Part at 718-298-1042.

Motions | Motion Papers | Trials | Settlements and Discontinuances

 

Motions

Motions are heard on Tuesdays. There are two calls of the calendar. The first call of the calendar is at 9:30 a.m. and the second call of the calendar is at 10:30 a.m.

The moving papers shall be filed in the Motion Support Office (Room 140) pursuant to Uniform Rule 202.8(b).

No motion relating to disclosure, discovery or a bill of particulars will be accepted by the Motion Support Office (Room 140) without an affirmation of good faith as required by Uniform Rule 202.7.

The answering papers, including cross-motions, affirmations in opposition and reply affirmations, will be accepted only on the return date in the Part. The Court will not consider papers forwarded to Chambers or to the Part after submission of the motion or cross motion. Additionally, the Court will not consider cross motions unless there exists proof of payment of the appropriate fee (CPLR §8020(a)).

Appearance of all counsel and pro se litigants is MANDATORY on all DISCLOSURE MOTIONS AND DISCOVERY RELATED MOTIONS including but not limited to Motions to Vacate and Strike Note of Issue, Motions to Strike Pleadings and Motions to Preclude. The motions will be heard for all purposes in the Part on the return date. The Court directs that any attorney appearing on a case for any purpose MUST be familiar with the case, prepared and authorized to resolve any and all issues. On the return date, the motion will be conferenced by the Justice or her designee with the expectation that the issues will be resolved by stipulation. All stipulations must indicate that the motion, and where appropriate the cross-motion, is/are being withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the calendar call. The name of the firm and the attorney appearing on behalf of the firm are to be printed legibly beneath each signature. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required.

Appearance of counsel and pro se litigants is also MANDATORY on all Orders To Show Cause and motions which seek to continue a temporary restraining order or to extend the time to file a note of issue. Papers will not be accepted from calendar service inasmuch as a personal appearance by counsel and pro se litigants is required.

Appearances are not required on any other motions except as set forth above.

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. Absent unusual or emergency circumstances, applications for an adjournment will be granted for the first time but for no more than three (3) weeks. Opposing papers must be served on all adversaries in hand at least one week prior to the adjourned return date. Reply papers must be served at least one day prior to the adjourned return date. 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.

Motions marked “FINAL” will be submitted on the return date.

Courtesy copies of moving and answering papers need not be provided to the Court.

back to top

Motion Papers

All motion papers submitted shall be in compliance with Uniform Rule 202.5 concerning papers filed with the court. In addition to the requirements of Uniform Rule 202.5, all pages are to be numbered and all paragraphs are to be numbered. All exhibits are to be preceded by a numbered or lettered 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. Motion papers, answering affidavits and reply affidavits which are not served in conformity with CPLR §2214 will not be accepted. FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY RESULT IN REJECTION OF THE OFFENDING SUBMISSION.

back to top

Trials

All counsel must submit to the Court, prior to the commencement of trial, marked pleadings, a copy of the bill of particulars and a witness list. Proposed jury instructions and proposed verdict sheets will be accepted for consideration if submitted prior to the commencement of testimony, unless otherwise directed by the Court.

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 a copy to counsel for each party.

The trial will be conducted on a continual daily basis until conclusion, unless otherwise directed by the Court.

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

back to top

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 delivered to the Clerk of the Part. All Stipulations of Discontinuances must be accompanied by proof of payment of the appropriate fee, if any (CPLR §8020(d)(1)).

back to top