![]() ![]() If a compromise order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final compromise order.Īmendments to compromise orders must include an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The infant’s medical reports, a physician affirmation, a settlement letter that includes a waiver of appearance, and an affirmation of no liens are required with the submissions. Further, the affirmation must include a detailed description of the accident and liability issues. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. Infant Compromise petitions must comply with CPLR 1208. All parties must appear for a hearing unless otherwise agreed with chambers. ![]() Any adjournments must be obtained through chambers. Hearings will be scheduled by the Court upon submission of all required documents. Petitions for compromise orders must be filed through Motion Support or through Special Term Part 72. ![]() Any documents that are not paginated will be returned for resubmission. Pagination of the in-camera documents is required for review. Prior to an in-camera inspection, parties must submit a detailed privilege log, pursuant to CPLR 3122 (b). In-camera inspections and infant compromises will be scheduled by chambers staff. Vacatur of the Court’s order would then require both a reasonable excuse for the non-appearance and a showing of merit. Further, a motion might be denied upon failure of a movant to appear. When appropriate, among other possible sanctions, an action might be dismissed, or judgment entered, for the failure of a party to appear. Pursuant to Uniform Rule § 202.27, the Court has discretion in addressing a calendar default. All answering papers must be submitted at least five (5) business days prior to the return date.Īfter the first adjournment, consent of the Court is required. Stipulations of adjournment must be accompanied by a briefing stipulation. Motion papers, answering affidavits, and reply affidavits must be served in accordance with CPLR 2214 unless otherwise stipulated or ordered.Ī stipulation of adjournment may be filed, signed by all parties, at least three (3) business days prior to the first appearance. Request for oral argument must be made by email to three days before the motion’s return date. Oral argument on motions must be IN PERSON on the return date. No appearance is required unless scheduled by the court. Appearances are virtual unless otherwise indicated. Part Clerk/Courtroom Phone: (347) 401-9127Īssistant Law Clerk: Runyu (Rain) Hu, Esq.įor commercial division cases, see the Commercial Part 12 rules. ![]()
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |