August 9, 2001
Appellate Term
First Department
The October
2001 Term of the Court will commence on October 1, 2001.
The last dates
for filing for that term are as follows: returns, records on
appeal, appendices,
notice of argument, and appellant's brief must be
filed on or
before August 7, 2001. Respondents' briefs must be filed on or
before August
29, 2001. Reply briefs, if any must be filed on or before
September 6,
2001.
Robert M. Kanter,
Clerk of the Court
Supreme Court
New
York County
CIVIL BRANCH
Effective immediately,
the following changes in inventory will take place
in New York
County Supreme Court, Civil Branch.
All medical
malpractice cases previously assigned to Judge Elliot Wilk,
have been reassigned
to Judge Sheila Abdus-Salaam in Part 13, located
in Room 305
at 71 Thomas Street. The phone number is 815-0877.
All general
category cases (i.e., exclusive of foreclosures and special
proceedings)
previously assigned to Judge Abdus-Salaam in Part 13
have been reassigned
to Judge Harold Tompkins in Part 7, located in
Room 418 at
60 Centre Street, the phone number 374-8318.
All cases previously
assigned to Judge Lorraine Miller have been
reassigned
to Judge Diane A. Lebedeff in IAS Part 8, located in Room
540 at 60 Centre
Street. The phone number is 374-4728.
Attorneys should
confirm the appearance of their case by checking The
Law Journal.
Rules for Special
Election Part
Orders
to Show Cause to validate or invalidate designating or nominating
petitions,
required to be commenced on or before Thursday, July 26,
2001, shall
be returnable before Justice Martin Schoenfeld on
Wednesday,
August 1, 2001 at 9:30 A.M. in Room 355, located at 60
Centre Street,
New York, New York.
The
calendar must be answered by counsel or the litigant(s), pro se,
who must be
ready for assignment on the return date. "Representatives"
of parties
are not permitted to answer the calendar.
On the return
date, all counsel and parties appearing pro se shall advise
the Clerk of
the Part of their addresses and telephone numbers. Proof of
Service of
the Order to Show Cause, as well as any interposed
Counterclaims
or Answers, shall be filed with the Clerk of the Part.
Specifications
of objections to a designating or nominating petition
previously
served and filed, pursuant to the Rules of the Board of
Elections,
need not be filed with the Clerk of the Part.
Specifications
of objections, not previously served and filed with the
Board of Elections,
shall be served upon all opposing parties and filed
with the Clerk
of the Part no later than 9:30 A.M.. Wednesday, August
1, 2001. Failure
to serve and file any such specifications of objections
shall be deemed
a waiver and further proof shall be precluded.
In any proceeding
by an aggrieved candidate to invalidate a designating
or nominating
petition, a bill of particulars as to the specifications of
objections
shall be served upon all opposing parties and filed with the
Clerk of the
Part no later than 9:30 A.M.. Wednesday, August 1, 2001.
Failure to
serve and file a bill of particulars shall be deemed a waiver and
further proof
shall be precluded.
In any matter
alleging a question of residency of a candidate, a complete
written offer
of proof shall be served upon all opposing parties and filed
with the Clerk
of the Part on the return date; failure to serve and file
same shall
be deemed a waiver and further proof shall be precluded.
A complete
written offer of proof, in all matters alleging a question of
fraud, including
a statement as to the number of witnesses expected to
be called,
the identification of each such witness (by name, address,
volume, page
and line) and the status of each such witness (i.e.,
candidate,
signatory, subscribing witness, notary public, etc.), shall be
served upon
all opposing parties and filed with the Clerk of the Part no
later than
9:30 A.M., Wednesday, August 1, 2001. Failure to serve and
file such offer
of proof shall be deemed a waiver and further proof shall be
precluded.
Supreme Court
Bronx County
NEW COMPLIANCE
AND PRE-TRIAL CONFERENCE PART
Effective August
13, 2001 all Compliance and Pre-Trial Conferences will
be conducted
in a centralized Compliance and Pre-Trial Conference Part
before Justice
Michael DeMarco, Room 411.
COMPLIANCE
CONFERENCES
Actions which
are currently scheduled for compliance conferences in the
IAS Parts will
be reassigned to the New Compliance and Pre-Trial
Conference
Part before Justice Michael DeMarco. The compliance
conferences
will be held in the New Part on the same dates as originally
scheduled unless
counsel receives notification from the Court, by mail,
of a new conference
date.
Only counsel
fully familiar with and authorized to settle, stipulate, or
dispose of
the action shall appear at the conference. Counsel shall bring
with them a
copy of the Bill of Particulars, medical reports, Preliminary
Conference
Orders and all previous orders in the case.
The purpose
of the Compliance Conference is to: (a) to monitor the
progress of
discovery; (b) to explore potential settlement; and (c) to set
a deadline
for filing the Note of Issue.
Any motion
for discovery which is made on or after the Compliance
Conference
date will be calendared to be heard in the Compliance
Conference
Part on a Monday through Thursday, inclusive, at 2 P.M. In
lieu of making
a motion for discovery, counsel may contact the
Differentiated
Case Management Department (DCM) Room 217, in
writing, to
request a further conference. All written requests for an
additional
conference must fully detail the difficulty encountered in
pursuing discovery.
The action will be scheduled in the Compliance
Conference
Part and all parties will be issued a notice, by mail, to
appear.
Cases will
be conferenced in the order in which all attorneys on a matter
are checked
in. If the case is called and there is no appearance, the
Court will
take appropriate action against the non-appearing side,
applying such
penalties or sanctions as are authorized by the C.P.L.R.
and the Rules
of the Chief Administrative Judge. There will be no
adjournments
of Compliance Conferences. Appearance is not required if
a Note of Issue
has been filed prior to the Compliance Conference. A
copy of the
Note of Issue shall be presented to the Clerk in the New
Compliance
and Pre-Trial Conference Part either before the call of the
calendar or
at the calendar call.
PRE-TRIAL CONFERENCES
Actions which
are currently scheduled for pre-trial conferences in the
IAS Parts will
be reassigned to the New Compliance and Pre-Trial
Conference
Part before Justice Michael DeMarco. The pre-trial
conferences
will be held in the New Part on the same dates as originally
scheduled unless
counsel receives notification from the Court, by mail,
of a new conference
date.
Pre-Trial Conferences
will be heard daily at 9:30 A.M. Only counsel fully
familiar with
the action and authorized to make binding concessions or
settle the
case, shall appear. Counsel are further advised that they must
bring
their complete file including the bill of particulars and marked
pleadings to
the conference.
Failure to
appear may result in an inquest or dismissal pursuant to
Section 202.27
of the Uniform Rules for the Supreme Court.
PRIE-D.C.M.
CONFERENCE CALENDAR
All actions
in which an R.J.I. was filed prior to January 31, 2000 and no
Note of Issue
has been filed will be conferenced at 2:00 P.M. Monday
through Thursday.
Those actions which have a future appearance in the
original Individual
Assignment Parts will be adjourned to the Compliance
Conference
Status Conference calendar for the same day; unless you
receive notification,
by mail, of a new appearance date.
Only counsel
authorized to settle, stipulate, or dispose of the action will
appear at the
conference. Counsel shall bring with them a copy of the
Bill of Particulars,
medical reports, Preliminary Conference Orders and
all previous
orders in the case.
Failure to
appear may result in an inquest or dismissal pursuant to
Section 202.27
of the Uniform Rules for the Supreme Court. Counsel
should be advised
that these actions may be subject to a notice under
C.P.L.R. 3216b.
The Court will
not accept as an excuse for failure to comply with these
rules the statement
that the attorney appearing at the conference is "of
counsel."
CRIMINAL
BRANCH
The following
judges assigned to the Supreme Court, Criminal Branch,
12th Judicial
District, are designated to preside over Bronx Grand Juries
for the Court
Terms of 2001:
Term 7 6/18/2001-7/15/2001
Part 25 Hon. Robert Seewald
Term 8 7/16/2001-8/12/2001
Part F Hon. Ruth Sussman-Levine
Term 9 8/13/2001-9/9/2001
Part 39 Hon. Robert L. Cohen
Term
10 9/10/2001-10/7/2001 Part 25 Hon. Robert G. Seewald
Term 11 10/8/2001-11/4/2001
Part F Hon. Ruth Sussman-Levine
Term 12 11/5/2001-12/2/2001
Part 39 Hon. Robert L. Cohen
Term 13 12/3/2001-12/30/2001
Part 39 Hon. Robert L. Cohen
Any and all
matters that may arise during a particular term of a Grand
Jury must be
determined by the judge who presided over the impanelling
of said Grand
Jury and if that judge is not available, then by the
Administrative
Judge of the Supreme Court, Bronx County, 12th Judicial
District or
the Supervising Judge of the Supreme Court, Criminal Branch,
Bronx County,
who are/is authorized to designate one of the other three
judges to handle
this matter.
NOTE: Part
25, Part 39 and Part F are located in the Bronx Criminal
Court
Building at 215 East 161st Street, Bronx, New York 10451. Part
43 is located
at 851 Grand Concourse, Bronx, New York 10451.
The actual
impanelling of the Grand Jury will take place in the Rotunda,
located
at 851 Grand Concourse, Bronx, New York 10451.
Appellate Term
Second Department
2nd & 11th
and 9th and 10th Judicial Districts
Appellant's
briefs and notes of issue filed between July 9, 2001 and
August 3, 2001
will be deemed filed as of August 3, 2001. Respondent's
briefs must
be filed on or before August 17, 2001. Reply briefs, if any,
must be filed
on or before August 24, 2001. Appeals will be assigned to
designated
terms by the Court, notice of which will be published in the
New York Law
Journal.
Nancy T. Sunshine,
Chief Clerk
Appellant's
briefs and notes of issue filed between August 6, 2001 and
September 7,
2001 will be deemed filed as of September 7, 2001.
Respondent's
briefs must be filed on or before September 21, 2001.
Reply briefs,
if any, must be filed on or before September 28, 2001.
Appeals will
be assigned to designated terms by the Court, notice of
which will
be published in the New York Law Journal.
Nancy
T. Sunshine, Chief Clerk
Supreme Court
Kings County
Motions returnable
in the Intake Part, the Final Conference Part and the
325D Part,
during the Judicial Seminars will be adjourned to the dates
indicated below
for argument:
July 9 - August
6
July 10 - August
7
July 11 - August
8
July 12 - August
9
July
13 - August 10
July 16 - August
13
July 17 - August
14
July 18 - August
15
July 19 - August
16
July 20 - August
17
There will
be a new part in the Criminal Term designated as the Summer
Trial Program
(SP-1) in room 571, 360 Adams Street. The purpose of
this part is
to expedite trial ready criminal cases.
The
part opened on June 18th, 2001 and will remain open until August
31, 2001.
Presiding will
be JHO Francis Egitto.
Courtroom opens
at 9:30 AM and all attorneys must be present.
Supreme
Court
Queens County
CIVIL TERM
- MOTION PRACTICE EIGHTH TERM JULY 16, 2001
THROUGH AUGUST
10, 2001 NON-MATRIMONIAL ACTIONS
Motions in
assigned Actions/Proceedings which are returnable during
the Eighth
Term (July 16, 2001 - August 10, 2001) will be rescheduled
as follows:
Return DateRescheduled
Date
July 17 August
14
July 18 August
15
July 24 August
21
July 25 August
22
July 31 August
28
August 1 August
29
August 7 September
4
August 8 September
5
Motions in
unassigned Actions/Proceedings with which an RJI is filed
will be rescheduled
in accordance with the dates set forth above. Please
check the Law
Journal on the day following the date for which the motion
is noticed.
The name of the Justice assigned and the date the motion
will appear
on the assigned Justice's Motion Calendar will be indicated.
In all situations
requiring emergency relief, wherein the assigned Justice
is not available,
application shall be made at the Motion Support Office,
Room 140 (88-11
Sutphin Boulevard, Jamaica) to present the matter to
an available
Justice for immediate consideration.
Orders to Show
Cause and All Other Ex Parte
Applications
Unless submitted
as an "Emergency," and in compliance with the
"Emergency
Procedure," all papers filed during the summer recess will
be executed
or made returnable before the regularly assigned IAS
Justice after
the conclusion of the Court's summer recess.
MATRIMONIAL
MOTIONS Summer 2001
Motions returnable
before the designated Matrimonial Justices will be
rescheduled
as follows:
Hon. Joseph
P. Dorsa
Return DateRescheduled
Date
July 9 August
14
July 16 August
21
July 23 August
28
July 30 September
4
August 6 September
11
Hon. Darrell
L. Gavrin
Return DateRescheduled
Date
August 20 September
4
August 27 September
11
Matrimonial
motions for all other Justices will be rescheduled as follows:
Return DateRescheduled
Date
July 16 August
13
July 23 August
20
July 30 August
27
August 6 September
10
Orders to Show
Cause and All Other Ex Parte
Applications
Unless submitted
as an "Emergency," and in compliance with the
"Emergency
Procedure," all papers filed during the summer recess will
be executed
or made returnable before the regularly assigned IAS
Justice after
the conclusion of the Court's summer recess.
Supreme Court
Richmond County
Effective September
10, 2001 Justice Philip G. Minardo will be hearing
his cases in
Room 210 at The Richmond County Courthouse located at
18 Richmond
Terrace, Staten Island, N.Y. The Telephone Number for
both Chambers
and Courtroom is 718-390-5356.
Effective September
10, 2001 Justice Robert J. Gigante will be sitting in
DCM Part 4
and will be hearing cases which had been assigned to The
Honorable John
Leone. Justice Gigante will hear these cases in Room
3-307A
at the Homeport Court Building located at 355 Front Street,
Staten Island,
N.Y. The Telephone Number is 718-876-6444 for
Chambers and
718-876-6447 for Courtroom.
Date Received: August 08, 2001