An affidavit of service of such notice shall be presented to the clerk on or before the auction sale. It is the duty of the referee assigned to conduct the auction to make sure that all bidders, interested parties, and observers are wearing masks and observing proper social distancing. Oral argument is required on all motions unless dispensed with by the Judge. SUPREME COURT DECISIONR EGARDING NOTICES TO APPEAR (NTA) FOR IMMIGRATION COURT DOS Provides Information on Immigrant Visa . View the current holiday schedule & the term schedule. This is a non-appearance control date to ensure compliance with the final conference order. ORDERS ON CONSENT OF THE PARTIES: All responsive papers, including cross-motions, shall be e-filed (or filed in the Matrimonial Clerks Office) at least three (3) days prior to the return date of the motion except filing is acceptable within two (2) days if made by overnight mail. Courtroom e-mail: KingsMat5J@nycourts.gov 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. A Request for Judicial Intervention is required to initiate proceedings before the court pertaining to the claim. The Criminal Department handles all adult criminal cases within King County Superior Court. Cases eligible for mediation will meet with a mediator and talk about the concerns that brought them to court to resolve contested issues. STRONGLY RECOMMENDED: E-file proposed CCP OSC/motions orders resolved on consent (or withdrawals) at least two days prior to your scheduled return date to avoid your CCP motion/OSC being submitted. Jun 2013 - Jan 20148 months. Referrals to referee parts are expected to be trial ready on the date selected for trial and prepared to be heard day-to-day thereafter. Discovery in any action need not involve the court. In the absence of a showing of significant prejudice, an affirmation must demonstrate that a good faith effort has been made to notify the party against whom the restraining order is sought in accordance with 22 NYCRR 202.7. Kings County New York, New York. Discovery & Inspection (D & I): Parties shall bring all D&I and responses served prior to the PC. The time to conclude discovery pursuant to the Chief Judges rules is as follows: Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate. The parties shall discuss and decide how discovery shall be conducted regarding social media and other forms of electronic discovery. Every affidavit for an exemption from a conference made pursuant to CPLR 3408 and RPAPL 1304 must specify the grounds for same and provide supporting documentation and affidavits from persons with direct knowledge. A PC shall be scheduled within 45 days of filing the RJI. 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. 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. He subsequently entered into a law partnership and shortly thereafter started his own practice. Initial Screening: Screening for eligibility at this time will be done virtually by the Court with the assistance of the Courts Case Analyst, Natasha Pasternack, LMSW, and NY Peace Institute, a not- for-profit Community Dispute Resolution Center. Unjustified failure to comply with the provisions of discovery orders shall result in waiving discovery, preclusion, the striking of a pleading, or imposition of sanctions, as appropriate. Counsel and litigants are expected to join the virtual proceeding 10 minutes before the scheduled court proceeding to test audio/visual equipment in ADVANCE of the scheduled time. If there remains any outstanding discovery, it shall be completed prior to the Note of Issue date. A copy of the RJI and the request for a Preliminary Conference (PC) shall be e-filed. (rramseur@nycourts.gov) Assistant Law Clerk: Alice Liang (aliang@nycourts.gov) Part Clerk: Kimberly Wood. The court may incorporate the D&I/responses into the PC, rule upon the issues, and/or give further directions to the parties. Any order granted on default must be served on all defaulting parties within seven (7) days of the order. If all parties served with the motion are present, they may enter into a proposed consent order. NOTICE: Local Criminal Rule (LCrR) 3.2 Pretrial Release. Counsel are expected to comply with all Statewide Rules as well as those promulgated herein. The following rules are intended to supplement the Statewide Standards and Rules for the Commercial Division (Uniform Rule 202.70), which are applicable in Kings County. If the case involves custody of children, a fully completed registry check form shall also be provided at least two (2) days in advance. Cases are assigned to KNEP post Note of Issue. The filing/purchasing of an RJI will automatically prompt the scheduling of a preliminary conference. Chambers telephone: 347-401-9260, Honorable Eric I. Prus - Part 5A Discovery scheduled and ordered shall be strictly adhered to and may not be extended without just cause, pursuant to part rules*. It is the responsibility of the bidder to acquaint him/herself with the property, any encumbrances thereon, and the Terms of Sale before placing a bid and to be certain that adequate funds are available to make good the bid. The form will include the following information: a case caption; name, address, and telephone number of the referee; the plaintiff's representative and the purchaser; a judgment amount; and the upset and sale price. Within six months after appraisals of fixtures have been exchanged pursuant to Uniform Rule 202.61 (a)(1), condemnor shall obtain an index number for each individual claim for which appraisal has been exchanged 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. ORDERS: In the event that a proposed order is not submitted with the motion, it must be submitted to the IAS Judge within 60 days or the motion may be deemed abandoned. This conference appearance is scheduled at the 2nd CC approximately 6 weeks from the NOI and appearance is required unless the parties have settled (filed settlement or filed discontinuance with the court) or filed the NOI. No courtesy copies of motion papers are required by the Court, except as may be required for electronic filing or by the Judges Part Rules. If a Report of Sale has not been filed and no motions are pending, the case will be adjourned to the IAS Judge for further proceedings, as necessary, and the referee shall be notified. A Notice of Sale must be submitted to the Foreclosure Department at least ten (10) days prior to the date of the auction. Courtroom telephone: 347-296-1654 While discovery should continue during the period of mediation, no depositions or financial experts need be retained or appointed until after the mediation, unless done so on consent or ordered by the Court. Chambers telephone: 347-296-1779, Carolyn Genovesi - cgenoves@nycourts.gov NEW CCP RULE EFFECTIVE JUNE 13, 2022 E-mails to the Court should only be sent during courthouse business hours NOT after courthouse business hours, on weekends or on holidays. If not previously filed, a copy of the notice of appearance should be filed at this time. Copies of the Family Court petition and any existing orders must be submitted with the application to consolidate. In the event there is a post-judgment application pending, further applications may be made by Notice of Motion or Cross-motion. Where a party is not represented by an attorney they should consider involving the court from the very beginning. 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. Motions, orders, and other filed papers shall be indexed with protruding tabs. All foreclosure matters dealing with the same block and lot number shall be assigned to the same judge even where an earlier matter has been previously disposed. Ordinarily to be denied without prejudice to renew at time the motion for Summary Judgment is brought upon showing of Compliance with the criteria set forth by our Court of Appeals in Brill. Appearances by both litigants and counsel shall occur either virtually or in-court at the discretion of the Court. You must indicate which party you represent or who you are substituting for. All proposed judgments of divorce shall include a completed copy of the Matrimonial Term Clerk offices contested judgment checklist, including all necessary attachments. The attorneys shall, in the first instance, attempt to reach an agreement on all relevant discovery. Applications for orders of protection shall be made by Order to Show Cause, Moving counsel are required to have their clients available. Initial applications for relief must be made by Order to Show Cause. Telephone number: 347-296-1626 Mediation is confidential with one of the exceptions being an allegation of child abuse or neglect. Attorneys are required to remain in the courthouse until their proposed orders are signed by the judge. Failure to conduct EBT may result in sanctions. Clerks are required to reject papers that do not have protruding exhibit tabs, except papers in matrimonial cases and papers filed by pro se litigants. The filing of the Request for Judicial Intervention (RJI) starts court intervention and commences the rigorous timeline in which to complete discovery: Pre-note Standards & Goals (S&G) on an: Expedited tracked case is 8 months, a Standard tracked case is 12 months, on a Complex tracked case is 15 months. Additional information about NYSCEF, including how to register and tutorial for attorneys and litigants is available at: PROPER COURTROOM DECORUM IS REQUIRED AT ALL TIMES. E-filing should be used whenever possible to mitigate unnecessary in-person trips to the courthouse to file papers. At the 2nd Compliance Conference, a Final Compliance Conference shall be scheduled. (*Does not apply to Matrimonial, Commercial, Guardianship, Condemnation, Foreclosure, andTax Cert. No action may be discontinued except upon application to discontinue or stipulation by the plaintiff to discontinue submitted for approval by the Court. Any application for temporary injunctive relief shall contain an affirmation demonstrating there will be significant prejudice to the party seeking the restraining order by giving notice. Use applicable court form and detail and include all outstanding discovery with proposed on or before certain dates. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance with this rule. This center was created to assist litigants who either choose not to be represented or have not retained counsel. Chambers telephone: 347-296-1359, Honorable Theresa M. Ciccotto - Part 5J Courtroom telephone: 347-296-1646 Email: kingsselfhelpcenter@kings.courts.ca.gov (You can now ask questions, request forms or submit documents for review via email to the Kings County Superior Court Self Help Center/ Family Law Facilitator's office. Until further notice, in light of the COVID-19 pandemic, and in order to ensure the implementation of safety measures, foreclosure auctions will temporarily be held outside on the courthouse steps on Adams Street. 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. Eligibility may be denied based upon a host of factors, such as: past or present orders of protection, a power imbalance, past or present neglect or abuse petitions, complexity of issues, need for extensive discovery, or other factors determined by the Judge assigned. 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. Social distancing through markers will be strictly enforced. Phone: 559-582-1010 / Option 8. Chambers staff and the part clerk must be notified by email at least three (3) court days in advance of EACH court proceeding (including conference, oral argument, hearing, trial) if a court interpreter is needed. Local Rules. KCSC #25. If necessary, a second CC shall be scheduled. debt collection notices and court filings directly from the contents of a single-page intake form filled out by the client. Attorneys appearing must be knowledgeable about the case and be fully authorized to settle it or be in ready communication with the client or clients authorized representative Cf. Chambers telephone: 347-296-1527, Honorable Rachel A. Adams - Part 5F Motions that only seek discovery-related relief are scheduled in the City & TA Centralized Compliance Part by the E-file / Motion Support Office, on the date the motion is scheduled to be heard, regardless of judicial assignment. Parties may not stipulate to vacate any FCP order issued on default. Training on Teams and other virtual platforms can be accessed at: Requests for adjournments should be made in advance. The VEC exists for the specific case and hearing/trial designated. Note of Issue will not be extended in FCP. Referrals on the issue of contempt can only be to hear and report. Filed. The Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. The upset price may not be greater than the amount stated in the referees report of sale together with CPLR judgment interest running from the filing of the Judgment of Foreclosure and Sale together with the amount represented by receipted bills for taxes. 2022 Felony & Misdemeanor Bail Schedule. 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. Following the auction, the successful bidder will deposit at least 10% of the sale price with the Referee. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Assisted the Assistant District Attorneys in investigating complex crimes involving mortgage securities fraud and solicitation of murder. AT THIS TIME NO VIRTUAL CONFERENCES UNTIL FURTHER NOTICE. *Defaulting partys discovery shall be deemed waived. This case was filed in Westchester County Courts, Supreme Court located in Nassau, New York. 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). Users can use it day-to-day and there is no need once you establish a VEC for a trial or hearing to create a new VEC on a particular case. If noorder is received within 3 weeks after the court date, an order will be generated by the court. He last presided as a Court Attorney-Referee in Kings County Surrogate's Court. Motions must be accompanied by an affirmation of good faith pursuant to NYCRR 202.7(a), indicating what efforts have been made to resolve the motion. Scheckowitz, J. Cases disposed for failure to comply with 1, 2, or 3 above, may only be restored by motion. Honorable Jeffrey S. Sunshine Part 5G You must be prepared to be ordered to appear in-person, and in fact, most emergency applications will at this time be heard in-person. If a new Note of Issue date is required, the order should be filled out and signed by all parties leaving a space for the Note of Issue filing date to be entered by a court attorney. Prior to oral argument and decision by the judge, the parties must conference with a court attorney/referee. Courtroom e-mail: KingsMat5M@nycourts.gov Both judicial and non-judicial personnel are committed . When the sale price exceeds the greater of the judgment amount or upset price, the clerk will provide the referee conducting the sale a Surplus Monies Form at the auction to complete. 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. Hours of Operation: Tuesdays, Wednesdays, Thursdays 9:00am - 5:00pm. UniCourt gives you access to trial court records at Kings County . At the preliminary conference, the Court considers the following: applications for pendente lite relief, including interim counsel fees; compliance with the requirement of compulsory financial disclosures and a timetable for completion; simplification and limitation of issues, including the scheduling of a compliance conference and pretrial conference; and. *Honorable Esther Morgenstern - IDV-5M Orders completed On Consent should be placed in the appropriate basket, in the front of courtroom. Referees shall announce any encumbrance on the property prior to bidding. Grand Jurors serve a one (1) year term from July 1st through June 30th. Restore based on default : This plan outlines the procedures to be used in recommencing Foreclosure Auctions effective October 29, 2020. This is also the default call. For further information you may contact Family Counseling and Case Analyst, Natasha Pasternack, LMSW during regular court hours at npastern@nycourts.gov. If the request for adjournment is granted by the Court, then counsel or self-represented litigants shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment. It is this timeline that sets the NOI. PC / Intake: (347) 296-1592 Compliance Conference Part (CCP): (347) 296-1626 Final Conference Part (FCP): (347) 401-9054 City / TA Discovery (CDP): (347) 401-9264 Updated: November 4, 2022 Find the best ones near you. At the PC Conference, a fixed Note of Issue filing date shall be set. The unified courts systems e-filing platform is referred to as NYSCEF. The court works until 5 pm and many cases must return for resolution in the afternoon session. Parties must comply with the Uniform Rules, 202.70(g), Rule 14, regarding consultation among counsel prior to contacting the Court. . INTAKE/PRELIMINARY CONFERENCE (PC) PC/Intake: (347) 296-1592 Compliance Conference Part (CCP): (347) 296-1626 . Kings County Civil Supreme Court is open Mondays-Fridays, 9am-5pm. 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. Short and concise pre-trial memoranda are preferred, containing a statement of the facts and issues of the case and the relevant principles of law with citations to controlling authority. There are no provisions for childcare. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date. Discovery in any action need not involve the court. It is compliance with the PC order that DRIVES the rest of the centralized discovery parts. Sales were held on Thursdays at 2:30 PM. Stipulations to extend the note of issue date or summary judgment date WILL NOT be accepted by the court. All parties must present a hard copy of all prior discovery orders (PC, CCP, FCP). These intake forms are neither reviewed substantively by Defendants nor FILED: KINGS COUNTY CLERK 03/31/2022 08:20 AM INDEX NO. Failure to conduct EBT may result in sanctions. The first Compliance Conference shall be set shortly after the plaintiffs scheduled EBT. Referees will notify the referring justice of any adjournments. 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. 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. They may be shared with the litigants, Self-represented litigants may access the report in the courthouse by appointment only scheduled by the chambers of the individual justice assigned. Courtroom 282 Prior to resolution by the judge, the parties must conference with a court attorney/referee. The first calendar call shall be at 9:30 AM and the second calendar call shall be at 10:45 AM unless the Judges Part Rules provide otherwise. The signed and entered orders will be uploaded to E-File/County Clerk Minutes. KCSC #24. The consent of the Court will be required for adjournment of the closing beyond ninety (90) days. Uniform Rules, 202.70(g), Rule 18. At the Compliance Conference, a Final Compliance Conference shall be scheduled in a separate Part. Within one year after the signing and entry of an Order of Reference, an application for a Judgment of Foreclosure and Sale must be made. If no effort is made by counsel to schedule such conference, the Court will infer that the matter has been resolved and will take no action. Parties shall endeavor to resolve their own discovery issues and present the proposed orders to the court attorney/referee reviewing proposed consent orders. Telephone number: 347-296-1626 Preliminary Conference is not to be adjourned, even on consent, unless good cause is shown for the adjournment. unless stayed by the IAS judge. [See Uniform Rules, 202.70(g), Rule 20. Courtroom e-mail: KingsMat5F@nycourts.gov 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. Electronic filing (e-filing) provides a safe alternative to in-person filings and is an efficient, convenient and practical tool to afford the legal community access to courts. The Court may direct the parties to appear at such conference. Find 6 Courts within 1.7 miles of Kings County Supreme Court. An RJI filed with a Bill of Particulars BP attached shall have priority for scheduling a PC. Some mediations may take place with co-mediators or experienced mediators who are professor(s) accompanied by law students. All summary judgment motions shall be accompanied by a Statement of Material Facts as set forth in the Uniform Rules, 202.70(g), Rule 19-a. If the prior years tax return has not yet been filed, copies of all W-2, K-1, and 1099 statements, and a copy of the filed extension must be provided. If the case was disposed for failure to appear at either a PC or CC conference, the clerk of the court will assign the new conference date to ensure compliance with all outstanding discovery listed in stipulation). 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. The failure of the successful bidder to complete the transaction under the terms bid will presumptively result in the bidders preclusion from bidding at auction for a period of sixty (60) days. The referee appointed for the sale of the property may add judgment interest and taxes to the upset price at the time of the auction. 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