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New York StateUnified Court System

Hon. David B. Vaughan


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Part 4 Rules | Part 9 Commercial Foreclosure Rules | E-file Courtesy Hard Copy Rules

Part 4 and Commercial Part 9 Rules

Part 4 and Commercial Part 9
Courtroom Number 969
Courtroom Telephone Number: (347) 296-1594


CIVIL TERM PART 4

Trials
1. All cases assigned for trial shall report immediately to Chambers.
2. The Court will conference every case when it is assigned for Trial.
3. At the initial conference, plaintiff must submit marked pleadings to the Law Secretary as well as any motions in limine.
4. Prior to the trial, each attorney shall inform the Court of any schedule conflicts and the need for an interpreter.
5. All proposed jury charges and proposed verdict sheets shall be submitted to the court in typed form before the commencement of the trial.

Motion Practice Rules
1. Parties are to appear in Room 969 by 9:30am. The first calendar call is at 9:45 a.m and the second call is at 10:30 a.m.
2. Appearances must be made by attorneys with knowledge of the case and the pending motion. 3. The motion will be marked off if the moving party fails to appear.
4. If the non-moving party does not appear, the motion may be granted on default. A copy of the signed Order must be served on the non-moving parties within 5 business days of the Order, by certified mail and all parties are bound by the terms of the order.
5. Ready cases are called in the order in which they are marked ready and oral arguments are required on all ready cases.
6. All motion papers are to be filed through and date stamped by Motion Support in Room 227. Cross-motions are to be filed and date stamped 21 business days prior to the return date of the motion. All other motion papers are to be filed and date stamped seven (7) business days prior to the return date of the motion.
7. Attorneys must submit stipulations of adjournment in Room 969.
8. Motions for Summary Judgment must be made within 60 days of the filing of the Note of Issue.
9. All motions and subsequent papers shall have (a) exhibit tabs immediately preceding an actual exhibit, (b) indicate the return date of the motion and (c) the Court’s confirmation indicating the motion sequence number attached to the front page of the motion.
10. Discovery motions will not be adjourned except for good cause. The issues raised by the motions will be resolved on the return date.

Infant Compromise
Dates for appearance shall be scheduled by Chambers.

Commercial Foreclosure Rules Part 9

1. There will be one call of the calendar at 2:15 pm.
2. Appearances must be made by attorneys with knowledge of the case and the pending motion.
3. If the moving party fails to appear the motion will be marked off.
4. If the non-moving party does not appear, the motion may be Granted Settle Order on Notice.
5. Ready cases are called in the order in which they are marked ready and oral arguments are required on all ready cases.
6. All motion papers are to be filed through and date stamped by the Motion Support in Room 227. Cross-motions are to be filed and date stamped 21 business days prior to the return date of the motion. All other motion papers are to be filed and date stamped seven (7) business days prior to the return date of the motion.
7. Attorneys must submit stipulations of adjournment in Room 969.
8. All motions and subsequent papers shall have (a) exhibit tabs immediately preceding an actual exhibit, (b) indicate the return date of the motion and (c) the Court’s confirmation indicating the motion sequence number attached to the front page of the motion.

E-file Courtesy Hard Copy Rules
1. Courtesy copies shall be submitted on all motions and subsequent filings with the Part Clerk in Room 969 at least seven (7) business days prior to the scheduled return date in the part.
2. Parties are to ensure that the courtesy copies have reached the IAS part
3. Any cross-motions, oppositions and replies shall be filed with and date stamped in accordance with this part's motion practice rules.
4. All motions and subsequent papers shall have (a) exhibit tabs immediately preceding an actual exhibit, (b) indicate the return date of the motion and (c) the Court’s confirmation indicating the motion sequence number attached to the front page of the motion.