Until further notice, every Judgment of Foreclosure and Sale and In Rem Judgment shall contain a decretal paragraph directing the Referee in a mortgage foreclosure action or the Petitioner in an In Rem Tax Foreclosure proceeding to comply with the Kings Supreme Civil COVID-19 Policies concerning Public Auctions of foreclosed properties. Chambers telephone: 347-401-9208 If all parties are not present, a default order shall be proposed/issued. If either party fails to attend the scheduled mediation or does not provide advance written notice to the mediator that they are not attending a scheduled mediation session, they may incur a fee from the mediator. Any additional mediation session is optional for the parties and not mandated by the Court. A PC shall be scheduled within 45 days of filing the RJI. At the 2nd Compliance Conference, a Final Compliance Conference shall be scheduled. The preliminary conference form can be executed in counterparts and can be found at. EMAIL: 360ASupremeCivilSelfHelp@nycourts.gov. Please note that just because an initial or subsequent Order to Show Cause or conference was designated virtual it does not mean the following appearance will not be in-person. The time to conclude discovery pursuant to the Chief Judges rules is as follows: Calendars ranged from 50 to 70 properties. Important Update to Court Announcements February 22 - 3PM February 22, 2021 In "Appellate". ORDERS ON CONSENT OF THE PARTIES: Attorneys are required to remain in the courthouse until their proposed orders are signed by the judge. If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled within thirty (30) days following the auction may result in the forfeiture of the 10% deposit. It is the obligation of the parties/counsel to notify the Court if there are existing Temporary Order(s) of Protection that would expire on the scheduled court appearance. Cases disposed for failure to comply with 1, 2, or 3 above, may only be restored by motion. Effective August 16, 2021, failure to submit an order memorializing an FCP conference that was held with a Referee, the case shall be dismissed if three (3) weeks have elapsed and the court is not in receipt of the requested order. The VEC exists for the specific case and hearing/trial designated. Failure to conduct EBT may result in sanctions. (1) PC Conference is not to be adjourned, even on consent, unles. At this time, due to the COVID-19 pandemic emergency, unless otherwise ordered, the preliminary conference, the screening for appropriateness, and the mediation will be conducted virtually. Only court users can move the documents into evidence. If not previously filed, a copy of the notice of appearance should be filed at this time. The Mayor appointed the following judges to Civil Court: Judge Anthony M. Battisti was a former Queens County Assistant District Attorney for four years assigned to the Intake, Criminal Court, Grand Jury, and Supreme Court Bureaus. If the party is not using e-filing, these copies must be filed with the Kings County Clerks office and the Matrimonial Clerks office. EXHIBIT A A CC shall be scheduled right after the plaintiffs EBT. Publishing. 12/22/2020. Courtroom 282 If a contested judgment of divorce was signed within 18 months of an application to modify the issue of custody and/or visitation, the application will be heard in the Supreme Court at the discretion of the Court. An affidavit of service of such notice shall be presented to the clerk on or before the auction sale. Discovery in any action need not involve the court. Both judicial and non-judicial personnel are committed . NO ADJOURNMENTS ON MOTIONS UNLESS GOOD CAUSE IS SHOWN. Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. All post-judgment applications, except requests for an. Courtroom 282 ABCs OF H-1Bs (THIS IS PART III OF AN VIII PART SERIES): WHAT H-1B EMPLOYERS NEED TO KNOW ABOUT THE LCA TO AVOID POTENTIAL DOL COMPLIANCE PITFALLS. First, choose your state: Alabama; Alaska; Arizona; Arkansas . Parties appearing must be fully familiar with all discovery issues and all other facets of the case relevant to the issues of discovery. The Kings County Commercial Division will strictly enforce Uniform Rules, 202.70(g), Rules 6 and 17 relating to the form and length of papers submitted to the Court. A 90-day notice (CPLR 3216) shall permit a plaintiff to file a Note of Issue within such ninety (90) days without a Court order, File a note of issue, if discovery is complete and the note of issue date has not expired; or, Submit an acceptable proposed consent order; or. All applications and responses thereto for. *Appearing party/parties must complete an order: *Failure of all parties to appear will result in the court issuing an order on default of all parties,issuing a note of issue date,and deeming all discovery waived. Where a defendant homeowner has appeared for a settlement conference in a residential foreclosure action, either in person or by an attorney, an application to discontinue or stipulation of discontinuance must be served on opposing counsel or pro se defendant. Stipulations may be faxed to the Judges chambers. Defective stipulations shall be rejected. Corresponded with Queens, Suffolk, Kings, Nassau, and New York County Court Houses and Judge's Chambers. A copy of the Notice of Sale must simultaneously be sent to the owner of the equity of redemption at both his/her last known address and the property address. Adjournment of Motions is generally NOT granted. Civil Court of the City of New York, Kings County. Within sixty days from the expiration of the time set forth, pursuant to EDPL 503 (B), in an order of acquisition for the filing of written claims or notices of appearance, condemnor shall obtain an index number for each of the fee claims on file with the court pursuant to the said order so that the Clerk can separately maintain the claim and all further proceedings with respect thereto, and the condemnor shall notify the claimant or its attorney of record of the index number assigned to its claim. Copies of trial memorandum/decisions will be uploaded to the e-filing system and can be accessed there by counsel and self-represented litigants. Since consolidation with New York City in 1898, Brooklyn has been governed by the New York City Charter . Lawyer directory. The courtroom accommodates 250 people and on many occasions, there was standing room only. He last presided as a Court Attorney-Referee in Kings County Surrogate's Court. Submit a virtual conference request, on consent of all parties, using the virtual conference request form. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Courts consent. Auctions will be held on Thursdays at 10:30 AM. Do not file a Notice of Motion or Order to Show Cause unless directed by a Judge. The party that filed the RJI must file proof of service of the RJI, the request for preliminary conference and this notice on the opposing litigant/attorney no later than, Failure to comply with the document filing requirements of 22 NYCRR 202.16 (f) (1) or any provision in these rules may result in sanctions (see, A STATUTORY RECORDS CHECK FORM MUST BE COMPLETED AND SUBMITTED TO THE PART CLERK IN EVERY CASE WHERE THERE ARE CHILDREN UNDER THE AGE OF EIGHTEEN (18) YEARS OLD, unless waived by the Court because a statutory records check was previously completed within the prior ninety (90) days. This plan outlines the procedures to be used in recommencing Foreclosure Auctions effective October 29, 2020. Court Interpreter Services All parties must present a hard copy of all prior discovery orders (PC, CCP, FCP). As COVID-related circumstances change, additional parties will be allowed entry. All exhibits to in-person appearances are to be tabbed and all pages should be single-sided. Rule 1. Pursuant to the CPLR, after argument of an application, sur-replies, memoranda and letters addressed to the substance of the pending application will not be considered without prior permission of the Court. The homeowner or his/her agent shall provide to the conference part employment verification, tax, and other records as required. NEW CCP RULE EFFECTIVE JUNE 13, 2022 Cell phones and pagers must be checked in as well. Ex-Parte / Part 72; Fiduciary / Part 36; Foreclosures; Foreclosure Sales; Guardianship; Help Center; Matrimonial . 3. This case was filed in Westchester County Courts, Supreme Court located in Nassau, New York. Email: LawLibraryStLawrence@nycourts.gov. Proceedings may be converted to e-filing pursuant to Administrative Order 114/20 (available at. A copy of the Kings County part rules can be found at : http://ww2.nycourts.gov/courts/2jd/kings/civil/KingsCivilSupremeRules.shtml#MatrimonialRules. NEW FCP RULE EFFECTIVE JANUARY 25, 2022: Self-represented litigants. Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. Mediation: Presumptive mediation means that all cases assigned to the Kings County Matrimonial Term may be deemed eligible for mediation (and post-judgment cases within the limitations above) and may, at the Judges discretion, be assigned to one mandated mediation session. Violation of this provision could result in arrest or being held in Contempt of Court. UniCourt gives you access to trial court records at Kings County . You must indicate which party you represent or who you are substituting for. All parties must present with knowledge of all outstanding discovery due and owing. Honorable Steven Z. Mostofsky Part 5M (MATRIMONIAL CASES ONLY) Counsel and parties must adhere to all pre-scheduled appointments. Courtroom telephone: 347-296-1632 1. The RJI must be scheduled within forty-five (45) days of the RJI being filed and adjournments will be limited. Formal application (Motion/OSC) must be made. Kings County Court Records Search ; Courts Nearby. The Court also has the discretion to use the one VEC for the entire case. If they wish to engage in mediation, a preliminary conference will be conducted considering expanded time frames to accommodate the mediation. A party or counsel may opt out of presumptive mediation by filing and signing a form on the date of the preliminary conference (PC), or an adjourned date of the PC, stating that they wish to not participate in mediation. There shall be two (2) calendar calls on motion days. Any application related to child support shall include a Child Support Standards Act worksheet. Published by New York State Law Reporting Bureau pursuant to Judiciary Law 431. Find 6 Courts within 1.7 miles of Kings County Supreme Court. Any motion seeking discovery-related relief filed prior to the PC shall be scheduled concurrently with the PC in the Intake Part. Sep 24, 2022. Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Motions, orders, and other filed papers shall be indexed with protruding tabs. If the City or TA has filed either a pre-answer motion or a summary judgment motion (usually not their property/vehicle) then they shall appear and sign the PC but the discovery court may stay/limit their participation in discovery if the IAS judge has not stayed the case. Chambers telephone: 347-296-1486, Honorable Lorna J. McAllister - Part 5L Preliminary Conferences. Parties must legibly print their appearances on the order. (Revised - Effective July 15, 2020). At the PC Conference, a fixed Note of Issue filing date shall be set. In all foreclosure proceedings, the following form orders, judgments, and applications, available at the Clerks office or online, must be utilized: the Order of Reference; the Judgement of Foreclosure and Sale; a Deficiency Judgment; the Order in a Surplus Money Proceeding; and the Referees Application for Additional Compensation. A legally competent representative of plaintiff authorized to act on plaintiffs behalf, must appear at the auction sale. Note of Issue-Final Conference Part (NI-FCP). The City/TA shall bring a copy of their motion with exhibits to the PC/CC for the discovery judge to review. An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences. Hard copies are required to be filed for any motions, answering papers, stipulations, etc. Counsel are expected to comply with all Statewide Rules as well as those promulgated herein. Courtroom e-mail: KingsMat5J@nycourts.gov Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The draft modification includes the following: 1. Index Numbers for fee Claims. Discovery continues pending mediation unless otherwise ordered by the Court. In the interest of expediting prompt resolution of disputes at a minimum expense to the litigants, a mediation program is available through the Kings County Commercial Division. Your time specified for a preliminary conference must be adhered to. Restore based on default : Failing to be prepared when appearing before the judge shall substantially delay the resolution of your issue. KNEP is a non-binding, confidential process in which a neutral evaluator hears informal presentations by attorneys and evaluates the merits of the case. Do not upload letters to e-filing, without court permission, letters become part of the permanent records of the Office of the County Clerk. Compliance conference forms are available online and may be completed when all parties are ready. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. *Defaulting partys discovery shall be deemed waived. The Evaluator will not disclose any information that an attorney may convey in confidence without the advance permission of that attorney. Many Judges prefer the Order to Show Cause as the method to bring forth requested relief. PROPOSED ORDERS ARE SUBJECT TO CHANGE AND NOT FINAL UNTIL THE JUDGE SIGNS THE ORDER. NOTICE: No photography or video or audio recording is permitted during court appearances (virtual or in-person) without express Court permission. All orders to show cause and motions for consolidation must be served on all attorneys who have appeared or been appointed in the Family Court if there is presently an action pending in Family Court. Judge Caruso began his judicial career when he was elected to the New York State Supreme Court in 1994 and re-elected in 2008. If the case involves custody of children, a fully completed registry check form shall also be provided at least two (2) days in advance. Proposed orders may be changed or rejected by the court and prior to doing so, the judge will call for oral argument or clarification. The current Kings County Supreme Court protocols are available at: http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml. *Defaulting partys discovery shall be deemed waived. Many forms and resources are located at nycourts.gov and on the Kings County Supreme Court website at http://ww2.nycourts.gov/courts/2jd/kings/civil/index.shtml where the most up-to-date information about protocols and scheduling will be posted. Service is availble for Supreme Court civil cases in all counties, some local civil courts, and criminal cases in 13 counties. Mere failure to serve a B/P is insufficient reason to adjourn a PC, an order shall be entered on the date of the PC, failure to file/provide a BP may result in dismissal of the action. For further information you may contact Family Counseling and Case Analyst, Natasha Pasternack, LMSW during regular court hours at npastern@nycourts.gov. : 347-296-1859 Courtroom No. Room changes may be made upon appropriate notice. Court records for this case are available from Supreme Court. These forms arelocated in the front of the courtroom. These referrals are NOT for the purpose of extensive conferencing and the dates selected should not be adjourned, without good cause. If the parties and mediator want to continue to mediate beyond the initial mediation session, and the mediator charges a fee, the mediator must enter into a written agreement with the parties spelling out the payment details. See Exhibit A. Please notify chambers at least ten (10) days before the preliminary conference and at least. A successful bidder must have in his/her possession at the time of the bid the full 10% of the sum bid, in cash or certified or bank check to be made payable to the Referee. Adjournments are only based on good cause or documentation of exigent circumstances must be presented. Under this protocol a party may NOT call the mediator as a witness to testify in any other proceeding regarding any aspect of the mediation. Each party shall provide the Court with a statement of proposed disposition, updated net worth statement, maintenance guidelines calculation, child support worksheet (if applicable), and the last three (3) years tax returns with all attached W-2s, 1099s, K-1s and schedules. Find a lawyer near you. Following argument and reservation of decision by the Court, no supplemental submissions will be accepted by letter or otherwise unless expressly authorized in advance. Where actions have been consolidated or joined for trial or a late third party has been included, the parties shall bring the order with proof of service and ensure to immediately notify the court and the staff in the discovery parts. Proposed stipulations of settlement shall. Updated . Attorneys are advised to consult, inter alia, the New York Law Journal or the Unified Court System's Future Court Appearance Website, ecourts,for the return dates. Self-represented litigants are not required to utilize NYSCEF but are encouraged to do so to facilitate contactless processing which decreases unnecessary exposure for all parties. As corrected through Wednesday, July 6, 2022. These rules apply to all matrimonial actions in Kings County, New York. The amount of the successful bid, which will become the purchase price, will be recorded by the court reporter. The settlement of Kings County began in the 17th century as the small Dutch-founded town of "Breuckelen" on the East River shore of Long Island, grew to be a sizable city in the 19th century, and was consolidated in 1898 with New York City. King County Superior Court Order: Civil, Family Law, and Dependency Matters (Extended 6/18/21) In accordance with our e-filing rules Forensic Evaluations and Child Protective Reports CANNOT be uploaded to the VEC. These conferences are co-located in the Central Compliance Part. Introduction: All matrimonial cases in Kings County are considered eligible for presumptive mediation at the initial return dates for preliminary conferences and post-judgment applications. Alternatively, Kings County has available a roster of trained practitioners willing to accept a referral from the Court for mediation, to whom litigants may be referred. This Rule shall take effect on March 1st, 2012, and shall apply to all Eminent Domain Proceedings in which the time for filing written claims or notices of appearance expires after February 29th, 2012. Kings Criminal Term-Chief Clerk's Office (347) 296-1100 Appellate Division, 2nd Dept. Discovery scheduled and ordered shall be strictly adhered to and may not be extended without just cause, pursuant to part rules*. Referee Referrals A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. If your firm name is not on the printed calendar or is written onto the calendar, please legibly fill out a notice of appearance, which are located in the front of the courtroom, so that the clerks can update the courts computer. for E-filed cases returnable in this Part at least 5 days before return date for main motions, and 2 days for cross-motions. The second and final call will be held at 10:15 AM. Fax numbers for all counsel must be provided in the cover letter or the stipulation. A fully executed stipulation may be emailed to. Uniform Rules, 202.70(g), Rule 18. Find Court Records related to Kings County Supreme Court. Discovery Part Rules Judge Lawrence Knipel Presiding All inquiries (including calendar, clerk marking inquires, processing of orders) must be directed to the respective part clerk. All motions for contempt must be made by Order to Show Cause in conformity with the Judiciary Law and contain the required warning in correct type face and type size. Overview. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. The Judges of the Civil Term Supreme Court, in order to promote the efficient and impartial administration of justice, hereby adopt the following common and uniform rules (see Note #1): This rule applies to all Civil Term Parts of the Court. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. You must provide the language and dialect for the requested interpretation services. MOTIONS ARE DECIDED ON SUBMISSION UNLESS PARTIES SUBMIT AN ORDER RESOLVING THE MOTION(S). THE COURT WILL NOT ACCEPT EX PARTE (ONE-SIDED) COMMUNICATIONS. Any order granted on default must be served on all defaulting parties within seven (7) days of the order. Before any TEAMS appearance, you are REQUIRED to do a practice run with your client. Affirmations in e-filed cases must be submitted through NYSCEF. Litigants must take steps necessary to ensure no children can overhear or witness any court appearances and/or proceedings and should ensure they are participating from a location without background noise interference (TV, radio, street noise). Ordinarily to be denied without prejudice to renew at time the motion for SummaryJudgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill. The Ex-Parte Clerk is authorized to reject: Motion papers that are not in compliance with the CPLR; Motion papers filed less than five (5) days before the return date of the motion; An application for an Order of Reference or Judgment that does not contain a statement pursuant to CPLR 3408, indicating eligibility/exemption from conference; A notice of sale that does not comply with Rule 12; An application for surplus money that does not contain a recognized title search or its equivalent as an exhibit. Courtroom e-mail: IDV2@nycourts.gov AT THIS TIME NO VIRTUAL CONFERENCES UNTIL FURTHER NOTICE. *Appearing party/parties must complete an order: *Failure of an appearing party to complete an order shall constitute a non-appearance of that party and will result in the court issuing an order on default of all parties and deeming all discovery waived. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. The affidavit should be Exhibit A of any order to show cause. Failure to conduct EBT may result in sanctions. Cross-motions must be filed at least two (2) days before the return date of the motion (see Note #3). All proposed judgments of divorce shall include a completed copy of the Matrimonial Term Clerk offices contested judgment checklist, including all necessary attachments. Referees shall announce any encumbrance on the property prior to bidding. and subsequently published in the Notice of Sale. Fax numbers may be found on the, The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays unless otherwise directed by the Court. The purpose of the compliance conference is to monitor the progress of discovery, set a deadline for filing a Note of Issue, and resolve any outstanding discovery issues. Post-judgment applications must be brought by order to show cause if there are no presently pending post-judgment applications with service as directed by the Court. The Evaluator will endeavor to facilitate a settlement between the parties. Whether complex or standard tracked, the Final Compliance Conference will be approximately six (6) weeks prior to NOI. All cross-motions must conform to CPLR 2215. [See Uniform Rules, 202.70(g), Rule 20. (*Does not apply to Matrimonial, Commercial, Guardianship, Condemnation, Foreclosure, andTax Cert. For example, a virtual conference or an Order to Show Cause that is marked as virtual may be changed by the Judge to an in-person at any time and visa-versa. This center was created to assist litigants who either choose not to be represented or have not retained counsel. Courtroom e-mail: KingsMat5M@nycourts.gov All parties must be accounted for in the stipulation, including parties in default, parties dismissed on summary judgment, parties who have not appeared or answered, discontinuances, etc. Courtroom telephone: 347-296-1636 ; SC-1 Notice Regarding Availability of Electronic Filing A notice of availability form and instructions for e-filing. E-filing is not to be used to upload communications with adversaries and/or the Court without prior Court permission. At this time EDDS should ONLY be used to upload the consent to e-filing stipulation or the letter application. The court works until 5 PMand many cases must return for resolution in the afternoon session. Preliminary conferences start at 9:30 a.m. A CC shall be scheduled right after the plaintiffs EBT. Courtroom telephone: 347-296-1632 The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. Kings County Criminal Court (New York, NY - 0.4 miles) Brooklyn North Traffic Violations Bureau (Fort Greene, NY - 1.0 miles) Red Hook Community Justice Center (Red Hook, NY . Attendance will be limited to 25% of Courtroom capacity and initially, only qualified bidders will be allowed access. Kings Supreme Court - Civil Term Foreclosure Auction Rules shall be included in every Judgment of Foreclosure and Sale. If necessary, a second CC shall be scheduled. Participants should MUTE their microphones when they are not speaking to reduce background noise interference. There shall be no extension of time for filing summary judgment motions after the Note of Issue, except upon application to the Court. Proposed orders should include all outstanding discovery, or indicate that discovery is complete. The form must be signed by the referee, plaintiff representative, and purchaser of the foreclosed property. Chambers telephone: 347-296-1555, Honorable Joanne D. Quinones Part 5Q The Judge will determine if the application will be heard in-person or virtually. These intake forms are neither reviewed substantively by Defendants nor FILED: KINGS COUNTY CLERK 03/31/2022 08:20 AM INDEX NO. 347-296-1636 ; SC-1 notice Regarding Availability of Electronic filing a notice of appearance should be single-sided parties seven! City Charter the dates selected should not be adjourned, even on consent, unles Court February. Remains any outstanding discovery, or indicate that discovery is complete EX PARTE ( ONE-SIDED ) COMMUNICATIONS on the prior. Litigants who either choose not to be adjourned, even on consent, unless good is. 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