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New York StateUnified Court System

Civil Term - Part Rules, Part 9, Courtroom 21


Justice Phyllis O. Flug
88-11 Sutphin Blvd.
Jamaica, NY 11435
Chambers Phone: 718-298-1192
Courtroom Phone: 718-298-1116
Fax Phone: 718-298-1810

Preliminary Conference | Motions

 

Preliminary Conference

A preliminary conference will take place only after a written request is filed with the Clerk’s Office in compliance with Uniform Rule 202.12(a) or upon a specific directive of the Justice. All preliminary conferences are held at Queens Supreme Court, Room 3002. Conferences are held on Wednesdays at 9:30 a.m.

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Motions

Motions are heard on Tuesdays at 9:30 a.m. There are two calls of the calendar. The second call will be held following the completion of the first call.

Moving papers shall be filed in the IAS Motion Support Office 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.

The answering papers, including cross-motion, affirmations in opposition and reply affirmation, will be accepted only on the return date in the Part.

No motion relating to discovery will be accepted by the Clerk’s Office without an affirmation of good faith as required by Uniform Rule 202.7.

No motion relating to discovery shall be made prior to the holding of both a preliminary and compliance conference and proof that such conferences were held shall be attached to the motion.

Appearance of counsel is mandatory on all discovery motions including motions to vacate, motions to strike the note of issue, motions to strike pleadings, motions to compel, and motions to preclude.

All discovery motions shall be heard and conferenced by the Justice or her designee on the return date of the motion and with the expectation that the issues will be resolved by stipulation. Failure of the moving party to appear on the return date or submit a “So-Ordered” Stipulation settling the issues and withdrawing the motion, will result in the motion being marked off the calendar.

Appearances of the parties are also required wherein an application will be made to impose or continue a temporary restraining order or to extend the time to file a note of issue. The Court will not accept a “So-Ordered” Stipulation extending the time to file a note of issue. It must be done by motion practice.

Appearances are not required on any other motions, and oral argument will not be entertained.

Applications for adjournments without consent will only be entertained at the calendar call. Stipulations signed by all parties will be entertained at the calendar call or by fax to be received by Chambers no later than the Friday before the return date at 4:00 p.m.

Initial applications for an adjournment will be granted as a matter of right, but for no more than three weeks. A second application for adjournment may be made in person or by stipulation, but will be granted at the Court’s discretion. No further applications will be granted without permission of the court and, even if agreed to be all parties, will be entertained at the calendar call only.

Questions on motions will be entertained after the call of the calendar. Ex parte communications with chambers will not be entertained.

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