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FILED: KINGS COUNTY CLERK 05/25/2021 11:05 AM INDEX NO. 519867/2018
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 05/25/2021
Please be advised that the motion(s) in the above referenced action have been rescheduled and are
calendared on the Part 81 motion calendar on MAY 26, 2021. For your convenience, the
Amended Motion Part Rules promulgated in consideration of the COVID-19 pandemic are
included herein. These rules have also been published on the court’s website,
http://ww2.nycourts.gov/courts/2jd/kings/civil/LandicinoPartRules.shtml.
*************
Hon. Carl J. Landicino
_______________________________________________________________________
IAS Part 81
Matrimonial Part 5C
Commercial Alternative Dispute Resolution Settlement Part (ADR-COMM)
Effective March 15, 2021
Contact Information
COVID-19 Notice
Microsoft Teams
Courtesy Copies/Submissions to the Court
Motions
Conference Requests
How to submit Stipulation
Motions involving unrepresented litigants
Motion Oral Argument (MOA) Calendar
Motion Day Frequently Asked Questions (FAQ)
Compromise Applications
Part 5C (Matrimonial Part)
ADR-Commercial Conferences/Settlement Part
Contact Information
PLEASE BE REMINDED THAT THIS COURT WILL NOT ENGAGE IN EX-PARTE
COMMUNICATION. UNLESS YOUR INQUIRY IS PROCEDURAL, ALL
COMMUNICATION TO THE COURT MUST BE ON NOTICE TO YOUR
ADVERSARY.
Part 81 Team: KSCCVPART81@nycourts.gov
Principal Law Clerk: Stephen S. Burzio, Esq.
sburzio@nycourts.gov
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Assistant Law Clerk: Christopher Foderingham-Garraway
cfgarraw@nycourts.gov
Part Clerk: Nicole Jones
njones@nycourts.gov
360 Adams Street
Brooklyn, New York 11201
Courtroom 738
Chambers Room 942
Courtroom Telephone No.: 347-296-1599
Chambers Telephone No.: 347-296-1560
Chamber Fax No.: 212-618-5265
COVID-19 Notice
IN CONSIDERATION OF THE COVID-19 PANDEMIC, THE FOLLOWING
RULES SHALL TAKE EFFECT UNTIL FURTHER NOTICE:
ALL CONFERENCES AND MOTIONS SHALL BE CONDUCTED VIRTUALLY
UNLESS OTHERWISE INDICATED.
Microsoft Teams
The Unified Court System has transitioned to Microsoft Teams as a virtual conference platform.
You can find more information about virtual court appearances and Microsoft Teams at:
https://portal.nycourts.gov/knowledgebase/article/KA-01070
Courtesy Copies/Submissions to the Court
All motion papers must be filed electronically through NYSCEF. The court is no longer
accepting physical courtesy copies of e-filed motion and responsive papers.
Where the action does not participate in NYSCEF, all moving and responsive papers must
be sent to the court by mail to the Motion Support Office, at 360 Adams Street, Room 227.
Courtesy copies MUST be sent by e-mail in PDF format to the virtual courtroom at
KSCCVPART81@nycourts.gov. Please identify the motion sequence number when
sending courtesy copies of moving or responsive papers.
Motion papers, answering affidavits, and reply affidavits must be served in accordance
with CPLR § 2214 or the most recent Administrative Order unless otherwise stipulated or
ordered.
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Motions
Part 81 motions are heard on Wednesday.
There shall be NO personal appearance for the calendar, until further notice.
EFFECTIVE FROM MOTION DAY APRIL 14, 2021
In the event that you have a case on the regular motion calendar, the parties MUST submit
a stipulation indicating how you would like to proceed on the motion appearance, AT
LEAST TWO WORKING DAYS BEFORE THE MOTION IS SCHEDULED. If the
Court does not receive a timely stipulation and the matter has been on the general motion
calendar more than thrice, the matter may be marked off the calendar.
For example, the court typically would receive one of the following four, fully executed
stipulations:
1. A stipulation applying for adjournment.
2. A stipulation indicating how the motion was resolved;
3. A stipulation withdrawing the motion;
4. A stipulation requesting an oral argument date (see section entitled “Motion Oral
Argument (MOA) Calendar” below for further details).
Requests for adjournment will be automatically granted on the first time on. Thereafter,
only on good cause shown.
Conference Requests
If there is an issue that cannot be expressed to the court by way of stipulation, you must
request a conference with the Principal Law Clerk (sburzio@nycourts.gov), by way of
email. Your email should briefly outline the nature of your issue. When requesting a
conference, please include the name, preferred e-mail address and direct telephone number
of the appearing party. Counsel, please indicate who you represent.
How to Submit your Stipulations
Stipulations shall be filed through NYSCEF and emailed to Part 81 at
KSCCVPART81@nycourts.gov. If your action does not participate in NYSCEF, copies
of stipulations shall be emailed to Part 81. Please be advised that all communication to
chambers must be on notice to your adversary. This Court will not engage in ex-parte
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communication.
Motions involving unrepresented litigants
Motions involving a self-represented litigant, motions for a default judgment against a non-
appearing party, or motions to be relieved as counsel will not be heard on default of the
unrepresented party, unless the movant files proof that the party was notified of the adjourn
date, informed that personal appearance is NOT required due to the Covid-19 pandemic
and provided with instructions on how to appear remotely.
Where the movant appears on the adjourn date, but the unrepresented party does not, this
Court will, as a courtesy, adjourn the motion and schedule a Microsoft Teams meeting for
the adjourn date. The Microsoft Teams meeting will also have a dial-in telephone number,
in the event that the litigant does not have access to Microsoft Teams or the internet. This
information will be memorialized in a court order, which counsel must serve on the litigant.
Proof of service must be filed prior to the adjourned date.
Motion Oral Argument (MOA) Calendar:
Please be advised that video conference will automatically be scheduled for ONLY those
cases that are on the Motion Oral Argument (MOA) calendar.
Oral argument is required on all fully briefed motions.
Oral arguments are heard on Wednesdays and shall be conducted virtually, until further
notice.
Upon receipt of a fully executed stipulation requesting oral argument, the motions will be
adjourned to the Part 81 MOA calendar, by separate order. The motion(s) will be
calendared, and a Microsoft Teams invitation will be forwarded by e-mail.
There shall be no adjournments of motions on the oral argument calendar, even on
consent, unless good cause is shown.
Stipulations requesting an oral argument date must indicate the following:
1. The motion sequence number to be addressed;
2. The motion(s) are fully briefed;
3. All moving and responsive papers are filed;
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4. The motion(s) are ready for oral argument.
5. Contact information for all participating parties.
a. Name;
b. Direct telephone number; and
c. Preferred e-mail address of the person who will be virtually appearing for
argument.
This information is required to facilitate scheduling. Please note, this direct telephone
number should be to the location where you are remotely working. In the event of
technical difficulty, the court must be able to reach you.
Please note that if your stipulation fails to include this contact information, a video
conference cannot be scheduled, your stipulation may be rejected and your motion(s)
adjourned for resubmission of a fully executed submission.
Motion Day Frequently Asked Questions (FAQ)
1. How is the Court conducting video conferences?
The Court has transitioned to the Microsoft Teams video conference platform. All
video conferences will be conducted via Microsoft Teams.
2. My motion is on the calendar today. Why didn’t chambers send a Microsoft
Teams link?
On motion day, video conferences are scheduled ONLY for the cases that are on the
Motion Oral Argument (MOA) calendar for that day. The Court issues an order
scheduling your conference prior to the motion day AFTER receipt of the necessary
information.
3. I submitted a stipulation requesting MOA. Why wasn’t my motion
scheduled on the MOA calendar?
There are multiple potential reasons for this. First, it is possible that the Court did not
receive your stipulation in a timely fashion. Stipulations and requests for conferences
MUST be filed and sent two working days before motion day. Since not all filings
appear in the NYSCEF system immediately, court staff must check the docket for each
case on the motion calendar. When stipulations are untimely filed court staff may not
see it and you risk your motion being marked off the calendar.
4. Why is direct contact information required?
The Court requires direct contact information for the parties appearing before it
because court staff needs to be able to communicate directly with the individual
appearing before the Court if there is a technical difficulty or other emergency
situation.
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If the Court is unable to reach the individual appearing within 10 minutes of the start
time, the Court may adjourn the matter, take the motion as a default of appearance, or
mark the motion off the calendar.
5. When is oral argument required?
The Court has oral argument for all fully briefed motions. If the motion is unopposed,
you may submit a proposed order, in Microsoft Word format, by email to the Part 81
Team email address at KSCCVPART81@nycourts.gov, on notice to all parties, by 2:00
p.m. on the motion’s return date.
If you have an inquiry that is NOT addressed within these rules, please contact chambers
by phone or email KSCCVPART81@nycourts.gov.
Compromise Applications
1. Applications for compromise orders must be filed electronically through NYSCEF or
where the action does not participate in NYSCEF, by mail to the Motion Support
Office, at 360 Adams Street, Room 227. Courtesy copies should be emailed to
KSCCVPART81@nycourts.gov.
2. Defense counsel must be noticed on all applications and documents submitted to the
court and must appear at the hearing, unless their appearance and receipt of supporting
papers has been waived. All such waivers must be in writing and provided to the court.
The waiver must state that all remaining parties (other than the applicant) have waived
service of the notice of and appearance at the hearing and notice of the papers and
communication in support of the application.
3. Upon submission of all required documents, a Hearing will be scheduled and
conducted remotely by way of Microsoft Teams, based on the Court’s discretion.
Counsel for plaintiffs must appear at the hearings with their clients. Any requests for
adjournments must be made to chambers staff.
4. Requests for interpreter services must be made prior to the date of scheduling.
5. Infant compromise petitions must comply with CPLR §1208. The attorney affirmation
must account for all defendants named in the caption and indicate dismissals,
discontinuances or defaults in appearances. Further, the affirmation must include a
detailed description of the accident and an adequate statement regarding liability. The
infant’s medical reports, a physician affirmation, a settlement letter and an affirmation
of no liens are required with the submissions. If any portion of the settlement is
structured, the cost of the annuity must be stated in the order.
6. Any supplemental submissions must be appropriately filed.
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7. 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.
8. Amendments to compromise orders must include a copy of the original compromise
order and an attorney affirmation detailing the proposed amendment and the reason for
it, in addition to any other necessary papers, including guardian and adversary consent.
Please Note: Failure to timely and fully respond to the Court=s request for
additional/supplemental documentation may result in the application being rejected. Upon
rejection any further application must be pursuant to a new application.
PART 5C (Matrimonial Part)
Part 5C adopts the Uniform Matrimonial Rules, Supreme Court, Kings County.
Any applications for an adjournment must be made to chambers by email to
KSCCVPART81@nycourts.gov including all attorneys. Please include the index number
in the subject heading. If an adjourn date is consented to, a filed stipulation must be
emailed to chambers at least one day prior to the scheduled appearance. All adjournments
are subject to final approval by the Judge.
Counsel are reminded to always have their client present for appearances unless previously
excused or unless an adjournment has been granted. Appearances will be virtual until
further notice. At this time, there will be no personal appearances.
ADR-COMMERCIAL Conferences/Settlement Part
In furtherance of the Chief Judge=s mandate for the Court to provide the parties an
opportunity to resolve, in part or in whole, their dispute, the Court will be available to the
parties in order to achieve this mandate and its mission. Cooperation, respect of your
adversary and the submission of relevant information to the Court is essential.
All settlement conferences will be initially scheduled by the Court or by party request and
conducted virtually. At least 10 days prior to the conference the parties e-file the following:
(1) Marked Pleadings.
(2) A one-page, non-confidential, summary of the issues and nature of the proceedings,
including the current status of the matter.
(3) Any decision(s) and/or Order(s) on the substantive issues in the case, that have been
previously entered.
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There shall be no adjournments without Court approval, on good cause shown.
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