Hon. Timothy J. Drury
Judicial Directory Information

Part 8 - 2nd floor
25 Delaware Avenue
Buffalo, NY 14202
Ph: (716) 845-9372
Fx: (716) 845-5160

MOTIONS:

Motions heard daily at 10:00 A.M. or 2:00 P.M. Please check with Court personnel for exact dates.

Motion practice pursuant to CPLR and original papers (including affidavits of service) to be provided to the Court simultaneously. All papers must be received by the Court at least two (2) business days before the return date. Late submissions may result in an adjournment at the Court’s discretion or refusal by the Court to consider the untimely submission.

Adjournments will be granted upon consent of opposing counsel. The Court may also grant an adjournment without consent if good cause is shown. This is especially true if the papers were hand delivered to opposing counsel before a weekend or before a holiday and for summary judgment motions. Counsel should keep in mind the rules of civility. Motions must be adjourned to a specific date; general adjournments will not be permitted. Requests for adjournment of motions where opposing counsel does not consent should be made by conference call to the Court.

Motions to resolve discovery disputes shall be accompanied by an affidavit of good faith attempt at resolution. Summary judgment motions must be timely made pursuant to CPLR 3212 (a).

All orders must be submitted with an indication that the order has been sent to all opposing counsel or pro se litigant. Orders will not be signed without proof of opportunity of opposing counsel or pro se party to review.

All requests for TROs must comply with Uniform Rules for Trial Courts §202.7(f). Requests for TROs on cases assigned to another judge will be considered only upon approval of the IAS judge or his/her law clerk.

CONFERENCES:

Civil:
Pretrial conferences will be scheduled upon the Court’s receipt of an RJI and/or calendar Note of Issue. Pleadings and a brief summary of the case in letter form are required in advance of the conference. Any request for an adjournment shall be made to the Judge’s secretary and confirmation of all adjournments and notice of rescheduled dates must be made in writing to all parties and the Court.

TRIAL and REFERENCES:

Adjournments are granted by permission of the Judge only. Deadlines on expert disclosure shall be set by the Judge on a case by case basis. Pleadings and list of witnesses (both expert and lay) should be sent to the Court one (1) week in advance of jury selection. Motions in limine shall be submitted prior to jury selection and heard thereafter as scheduled by the Court. Proposed requests to charge and verdict sheets shall be submitted on the first day of proof. The Court’s preference is to receive these by e-mail with the requests attached. They may be supplemented upon the conclusion of proof. A charge conference by informal discussion shall be held at or near the close of proof with results put on the record upon request.

Pre-trial memoranda for matrimonial and other non-jury trials are to be served and submitted to the Court two (2) weeks before the first day of trial.