Hon. Carl J. Landicino
Calendar Rules
Parts 7 and 22
Principal Law Clerk Stephen Burzio
Assistant Law Clerk Henderson Brathwaite, II
Chambers: 347-296-1560
Fax: 718-643-5350
Revised October 5, 2012. Please note the revisions are in bold and italicized.
CALENDARS
The Part 7 and Part 22 calendars are limited to pre-Note of Issue proceedings in which the City of New York is represented by the Corporation Counsel and the New York City Transit Authority is represented by a Transit Authority attorney.
Preliminary Conferences for cases assigned to Part 7 and Part 22 are scheduled on alternating Mondays.
Compliance Conferences for cases assigned to Part 7 and Part 22 are scheduled on alternating Tuesdays.
Part 22 motions are heard on Wednesdays.
Part 7 motions are heard on Fridays.
Hearings, arguments, and conferences on matters determined by the Court to require attention that cannot effectively be given on regular calendar days will be scheduled on Thursdays, or as otherwise convenient to the Court, counsel, and others affected. The Court invites counsel to contact chambers, preferably prior to the scheduled calendar date, to request a rescheduling for this purpose. All such contact must be made with all parties participating.
CONFERENCES
Under the Uniform Rules for Differentiated Case Management, “a preliminary conference shall be ordered by the court to be held within 45 days after the request for judicial intervention is filed.” ( § 202.19 [b] [1]; see also § 202.12 [b].) Unless the case is assigned to an “Expedited” or “Complex” track, the Preliminary Conference Order must establish a timeline for completion of all disclosure proceedings “within 12 months of the filing of the request for judicial intervention” ( § 202.12 [b], [c] [2]; see also § 202.19 [b] [2].)
A compliance conference must be held “[no] later than 60 days before the date fixed for completion of discovery” ( § 202.19 [b] [3]), but the court has discretion to order “such conferences as the court may deem helpful or necessary” (§ 202.12 [j].) At the 60-day compliance conference, the court must set a deadline for filing of the Note of Issue. Absent extraordinary circumstances, no more then two compliance conferences will be required prior to the filing of the Note of Issue.
CALENDAR CALLS
Motions
First call at 9:45 AM
Second call at 10:45 AM
Oral argument is required on all motions.
Conferences
Preliminary and compliance conferences are scheduled at 9:30 AM
The calendar is called formally at 11:45 AM
DEFAULTS
Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear for a conference, or a motion denied upon the failure of a movant to appear on the return date. Vacatur of the Court’s order would then require both a reasonable excuse for the nonappearance and a showing of merit. In the usual case, however, the first and only failure by a plaintiff to appear at a conference will result in the action’s “mark-off”; and the first and only failure by a defendant to appear at a conference will result in an appropriate disclosure order. The first and only nonappearance of a movant will result in a “mark-off.”
ADJOURNMENTS
Motions
Disclosure-related motions will not be adjourned, unless there are extraordinary circumstances shown on application to the Court. The issues raised by the motion will be resolved by agreement or Court resolution on the return date.
Dispositive motions, including motions for dismissal or summary judgment, and other substantive motions may be adjourned once on consent of all parties, with a schedule for remaining briefing. Application for adjournment may be made before the return date by stipulation faxed to chambers, or on the calendar call on the return date.
Stipulations to adjourn motions should be submitted at least 2 days before the return date.
Conferences
Conferences will not be adjourned, except for good cause shown on application to the Court, and, unless there are extraordinary circumstances, may not be adjourned more than once. Even on adjournment, the parties will be expected to address as many open disclosure matters as possible. Applications for an adjournment may be made before the scheduled conference date by fax to chambers, showing good cause or extraordinary circumstances, as the case may be, as well as disclosure issues resolved.
Stipulations to adjourn conferences should be submitted at least 2 days before the scheduled conference date.
NOTE OF ISSUE DATE
A motion is generally required to extend the Note of Issue date ( § 202.21 [d]), but the Court may “so order” a stipulation extending the note of issue upon application faxed to chambers, containing, at the least, the following information: the reason for the extension, which shall constitute good cause; the dates of the preliminary conference order and all compliance conference orders; a description of any disclosure that remains to be completed, and a date for completion of each item.
INFANTS' COMPROMISE APPLICATIONS
With respect to infants’ settlement applications, the applicant must comply with the requirements of CPLR §§ 1207 and 1208 and Uniform Rule §202.67. In lieu of a motion or a special proceeding as provided in CPLR §1207, all parties to the action may stipulate that all remaining parties (other than the applicant) have waived service of the notice of the hearing and the papers in support of the application. Stipulations signed by the Comptroller Office and not by an attorney for the Corporation Counsel, will not be accepted by the Court.
ORDERS
Orders submitted for Judge Landicino’s signature must not contain any language which indicates that the Order is “ self-executing”. Should there be no compliance with an Order, the aggrieved party must move by notice of motion to all parties to seek a remedy. If a situation arises which necessitates a “self-executing” Order, Judge Landicino must first be consulted by the parties wishing to place such language in a proposed order, and give his prior consent to said language. No “self-executing” Orders will be signed unless prior consent is obtained.
IN CAMERA DOCUMENTS
In Camera documentation that is submitted to the Court must include: 1) an extra copy of the “in camera” documentation, which the Court will use for the final redacted document; 2) a detailed objection to the specific information contained in the documentation, with the page number(s) of the item(s) objected to and to be redacted. In the alternative, the party providing the “in-camera” documentation can provide the Court with a “suggested” redaction reflecting the particular objection(s) of the document.
