Courtroom: 297
Courtroom Telephone No.: (347) 401-9078
Chambers Telephone No.: (347) 296-1415 OR (347) 296-1589
Principal Law Clerk: Aviva Love (alove@nycourts.gov)
Assistant Law Clerk: Taylor Trefger (ttrefger@nycourts.gov)
Updated: October 25, 2023
Part 28/Guardianship Part 76REF
PART RULES
- All emails should be directed to alove@nycourts.gov, ttrefger@nycourts.gov, and jchen@nycourts.gov.
- All parties should be copied on all emails to the Court.
- All appearances will be virtual, via Microsoft Teams, unless specifically told otherwise. If a party cannot appear virtually and requests an in-person appearance, email alove@nycourts.gov, ttrefger@nycourts.gov, and jchen@nycourts.gov at least two (2) business days before the scheduled appearance with the request and a good cause reason why the proceeding cannot go forward virtually.
- In some complex cases, the parties may be ordered to appear for an in-person proceeding. If such an Order is issued, the parties should be prepared to so appear.
- Microsoft Teams links will be sent at least one (1) business day prior to the scheduled appearance.
- All counsel must appear for all calendared matters unless told specifically that no appearance is required.
- Applications for adjournment must be
- By stipulation signed by all parties and the court evaluator,
- Made at least two (2) business days prior to the return date,
- Approved by the Court before the return date.
- Requests for Court Interpreter Services must be emailed to alove@nycourts.gov, ttrefger@nycourts.gov, and jchen@nycourts.gov at least two (2) weeks before the appearance date.
- Any application for TEMPORARY INJUNCTIVE RELIEF (“TRO”) must be made in compliance with 22 NYSCRR § 202.7(f). Notice to the party against whom the TRO is made must contain the date, place, and a one-hour period of time in which the application will be made. The party making the application for the TRO must appear during the noticed time, regardless of whether the application is being opposed.
- The Court’s signature line must not appear on a page with no other writing.
PETITIONS TO APPOINT A GUARDIAN
- All petitions to appoint a Guardian will be heard on Mondays-Thursdays.
- Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least two (2) business days prior to the return date.
- Court Evaluator Reports and responsive papers shall be filed with the Clerk’s office and emailed to jchen@nycourts.gov at least two (2) business days prior to the return date.
- All responsive papers shall be filed with the Clerk’s office and emailed to jchen@nycourts.gov at least two (2) business days prior to the return date.
- Any cross-petitions shall be served on all parties and filed with the Court at least seven (7) days prior to the return date.
- All Orders and Judgments shall be served by the Petitioner on all counsel, guardian(s), and court examiner within ten (10) days of the date of decision.
GUARDIANSHIP MOTIONS
- Motions on Guardianship matters shall be returnable on Fridays at 10:00 a.m., unless otherwise scheduled by the Court.
- Movant must provide the Court with a valid email address. (Exceptions will be made for pro se litigants who do not own or have access to a computer or to an email account; see above regarding requesting an in-person appearance.)
- All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.
- All responsive papers shall be filed at least two (2) days prior to the return date.
- Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least two (2) days prior to the return date.
- Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made.
FINAL ACCOUNT
- Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account, and may not be submitted in the form of multiple annual accounts.
- All motions to settle Final Accounts must have the following attachments:
- A Referee’s Report (unless waived),
- A proposed Order Settling the Final Account, and
- The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.
- Guardians and/or attorneys responsible for preparing and filing a Discharge Order may not access any commissions or fees due him/her pursuant to the Order Settling the Final Account until the Discharge Order, in proper form and complying with all provisions of the Order Settling the Final Account, is filed with copies of canceled checks, receipts, and/or affidavits, is signed by the Court, and confirmed by Chambers.
COMPLIANCE CONFERENCES
- Guardians who are directed to appear for a compliance conference in the appointing Order and Judgment and have complied by filing the oath/designation/bond and obtaining the Commission shall email the Court Referee at rbratt@nycourts.gov to advise the Court of their compliance. Notification should be sent to the Referee at least two (2) business days before the schedule conference or as early as is feasible.
- All other Guardians/parties wo have received a compliance order shall appear on the referenced date and time.
RULES FOR VIRTUAL APPEARANCES
- Ensure your microphone, audio, and video are all working ahead of your appearance time.
- Video should be on at all times, unless permission is obtained to leave it off.
- No virtual backgrounds are permitted. Blurred backgrounds are allowed.
- To reduce background noise, leave your microphone on mute when not speaking.
- Identify yourself when speaking for the first time and throughout the proceeding as necessary to ensure a clear record.
- No recording of the proceedings is permitted, other than the official record. To ensure a clear record, speak more slowly than usual and be sure not to speak over someone else.