130, to be held in and for the County of New York, at the Courthouse located at 60 Centre Street, New York, New York on the 15th day of December 2020 at 9:30 a.m. or as soon thereafter as counsel may be heard, for an Order, pursuant to CPLR 3215 as follows: (a) Directing the Judgment Clerk of the Supreme Court, New York County to enter a [A] motion for summary judgment may not be defeated by a response based on surmise, conjunction and suspicion. (Shapiro v. Health Ins. stream <> endobj SHOW YOUR SUPPORT and get your Kari Lake Won Shirt at THEGATEWAYPUNDITSTORE.COM, https://thegatewaypunditstore.com/collections/apparel/products/kari-lake-won-az-classic-tee. County Clerk Record Room (60 Centre, Rm. Some Justices require that working copies of e-filed motion papers be submitted. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part. endobj Rather, the matter will be adjourned for three days to permit compliance. Our court is the highest trial-level court for civil cases in the state court system in New York County. endstream Courtesy copies are not required nor accepted, but working copies are required by certain Justices in e-filed cases. 001 pursuant to CPLR 3025 (b) for leave to amend the complaint to add 150 East 58 TH Street LLC ("150") and United Elevator Consultants, Inc. ("United") as party defendants. endstream }bfe}jY_ z~P$NQ8,V. <>stream Privacy Policy x+ | 27 0 obj You can always see your envelopes A correct designation is necessary to ensure that the clerk takes the proper action on the submission. stream 7 0 obj 7 0 obj stream :.OfN%7.l(]3ZXtMRHlI"*;- I 4}[XiXH}gX Sj,}:xvP_zwss\MnEN6~6j6%e75mQ:v;RCflYF dm| cg]8O&0+juhy*Kgr>tj1 Vw\@2PYzAh9QCMi6XD#(aY$UH*@"aRVLoC. If the decision of the court directs that a proposed order be settled or submitted in the Part or in Chambers, that direction, should, of course, be followed without presentation of the proposal to the back office. Basic Procedures in Room 130 -- Collection of Papers: The purpose of the Room 130 procedures is to achieve an easy and efficient means for attorneys to submit and the court to collect all motion papers (e.g., affidavits/affirmations in support or memorandum of law in support) not submitted with the initial papers used to calendar the motion, and opposition, cross-moving and reply papers in connection with hard copy motions on the calendar, as well as working copies in e-filed cases where such copies are required. 23 0 obj Instead, the moving party should file one set of papers in the main case or some other single case using the caption for that case and its index number. Law & Rules, 3212(b).) endobj of counsel. In order to improve court efficiency in the Civil Branch and the Commercial Division, the New York Supreme Courts utilize staggered court appearances. <>stream Assistant Law Clerk to Kathy J. {N8X$r_hEP7>@*~BC#j-No-W}~ |+( 8 0 obj Rather, Lake challenges Maricopas misconduct in failing to follow signature verification procedures in the 2022 election, Lakes attorneys argue. stream In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. 9 0 obj <> Attorneys may obtain e-mail notification of court developments with regard to a motion or special proceeding -- calendaring, adjournments, argument date, submission date, issuance of decision, issuance of a long form order -- by signing up with the court system's e-Track case notification service. /Encoding /WinAnsiEncoding % endobj If there are defects, they will be brought to the attention of the party who presented the submission. Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is ORDERED that the motion is denied. Any proposed counter-order or counter-judgment must be accompanied by a copy marked to indicate all respects in which it differs from the proposal to which it responds (Uniform Rule 202.48 (c) (2)), and must bear an affidavit of service in a hard copy case and have been timely served pursuant to the Rule. 14 0 obj endobj This requires cooperation and participation of litigants. 41 0 obj xS*r (closed 1:00 - 2:00 pm), E-Filing Uncontested Matrimonial- June 3, 2021, Court Examiners Remote Access Procedure- December 21, 2020, Uniform Case Scheduling Order- City Tort Cases- October 1, 2020, Judicial Mediation and Part 40 Waiting List- July 23, 2020, County Clerk Procedure - Building Loans- May 22, 2020, Remote Conference Protocol- April 17, 2020, Remote Conference Part Calendars- April 17, 2020, Emergency Applications Protocol- April 2, 2020, Supreme Court, New York County-Civil Term Temporary Procedures- March 19, 2020. (Gruenfeld v. City of New Rochelle, 72 A.D.3d 1025, 1026 [2nd Dept. {I8X$r_hEPw>@*kG~ [ We hope you dont mind as its expensive to pay for bandwidth and time to do this. 652605/2020 (NYSCEF Case) (Motion Seq. This issue occurred at nearly 60% of voting locations in the County. If no such date is set by the court, such motion shall be made no later than one hundred twenty days after the filing of the note of issue, except with leave of court on good cause shown. (Id. /Type /Font no . Obviously, the moving attorney must be counsel of record in the case in which the motion is being made. Lake filed a Petition For Review Of A Special Action Decision Of The Court Of Appeals, supplementary appendixes, and a Motion To Expedite Review on Friday, March 1 in the Arizona Supreme Court. ), A motion for summary judgment shall be supported by affidavit, by a copy of the pleadings and by other available proof, such as depositions and written admissions. (Civ. 4 Juan Manuel Merchan is an Acting Justice of the New York County Supreme Court (Criminal Term) in the First Judicial District of New York. 3 0 obj endobj endstream No Judge is present. <>stream Supreme Court of the State of New York Westchester County Courthouse 111 Dr. Martin Luther King, Jr. Boulevard White Plains, New York 10601 Courtroom 103 - 1st Floor Tel: (914) 824-5415 Fax: (914) 824-5885 Staff Judith M. Shampanier, Principal Court Attorney (914) 824-5416 Joseph S. Hadala, Assistant Court Attorney and Secretary (914) 824-5415 %PDF-1.7 endobj endstream This case was filed in New York County Superior CourtsNew York County Supreme Court, with Shlomo Hagler presiding. A long-running battle challenging New Jersey's right to walk away from the Waterfront Commission of New York Harbor came under sharp questioning by justices on the U.S. Supreme Court on . Commercial Div. The RJI and any addendum can be completed and submitted electronically in an e-filed case. 001) Hon. Submitting Papers Prior to the "Call": For the convenience of counsel, between 9:00 A.M. and 9:30 A.M. each day, in advance of the "call," Room 130 accepts (1) written stipulations; (2) affidavits/affirmations reciting the required details as to an adjournment on consent; (3) stipulations, letters or other writings withdrawing motions; and (4) final papers or complete sets of papers on motions. Uncontested matrimonial matters do not require payment of the motion fee. The Gateway Pundit reported last month that Lakes lawsuit to overturn the rigged and stolen 2022 Gubernatorial Election in Maricopa County was dismissedin the Arizona Court of Appeals. In hard copy cases, attorneys making motions by notice of motion should present the papers to the General Clerk's Office (Room 119, 60 Centre Street) in the first instance as described above. << 14 0 obj endstream If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. dQWJ,RBe(*[RE{Gai1;c{ cQh'\ Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel a commercial arbitration or affirm or disaffirm a commercial arbitration award or seeks related injunctive relief where the agreement calls for the arbitration to be heard outside the United States. This case deals with an easement that the Senecas granted in . Receive Daily Banned News StoriesTHEY Don't Want You to Know! Colangelo, Matthew Summary judgment permits a party to show, by affidavit or other evidence, that there is no material issue of fact to be tried, and that judgment may be directed as a matter of law, thereby avoiding needless litigation cost and delay. (Id.) endobj >> 4U04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ ;H 42 0 obj To the extent possible, motions submitted in Room 130 will be decided "on the papers." Theme: Newsup by Themeansar. 9 AM - 4:30 PM, Public Access Law Library endobj *Weve adopted it as such, its not ours. <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> When the fee is paid, the County Clerk will place on the back of the first page of the notice of motion proof of payment in the form of a cashiers receipt stamp. The staff of that office will inspect the papers for form as noted above. % 24 0 obj endstream If persuaded, the Justice will consider the proposed order despite its untimeliness. x]$9rPg Further, if there is a reason why a particular request by stipulation or on consent that is in compliance with Rule 202.8 (e) (1) cannot be granted, counsel will be informed by e-mail; if such e-mail response is transmitted the day before or the day of the calendar in question, the matter will be adjourned by court staff to the three-day calendar for clarification. h//"]#:E _fAS.3h]{g?: N03CP]O %c*C;P8{CWG+Ndut# Appointed By: Chief Administrative Judge Ann Pfau Biography The Hon. Additional discrepancies, including missing chain of custody documentation for hundreds of thousands of ballots, Maricopa Countys failure to verify signatures on hundreds of thousands of ballots, and suspicious vote reporting irregularities, likely nullified the votes of hundreds of thousands of voters. The affidavit shall be by a person having knowledge of the facts; it shall recite all the material facts; and it shall show that there is no defense to the cause of action or that the cause of action or defense has no merit. (Id. <>/K 10/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> endstream Request for Judicial Intervention (RJI) Due to the volume of matters on the Room 130 calendar each day, it will not be possible for court staff to respond to every e-submission to indicate whether it has been granted or not. Proof of timely service on the other parties must accompany the proposed order in a hard copy case. endobj endstream <> Where appropriate, summary judgment is a great benefit both to the parties and to the overburdened New York State trial courts. K;i[J{ct}kMx/,Ml+lFDFasymR_lXE3 Pursuant to request of some Justices, motions submitted in Room 130 will automatically be scheduled for a set argument date in the Part. The party filing the paper must retain the original paper for 60 days in case any issue should later be raised about the PDF copy submitted. Attorneys are not required to be present in Room 130. Extreme Risk Protection Order (PDF) endobj It was determined after a thorough investigation thatOVER 420,000 ballot affidavits failed signature verification in the 2020 Election. Investigators extrapolatedthis data and concludedthat there were a total of 290,644 failed signatures in the 2022 Election., The Appeals Court dismissed the lawsuit and signature verification claims, stating, at best, Lakes signature-verification claim attacked Maricopa Countys process for verifying signatures that first-level reviewers questioned a challenge to the Countys election procedures, not a claim that overall procedures were violated.. The court's goal is to be able to collect papers on motions in an orderly fashion but without any attorney having to make an appearance in Room 130 at any time. <>/K 3/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 1 <>stream endobj %PDF-1.4 CPLR 304. xS*r % <>stream (Alvarez v. Prospect Hosp., 68 N.Y.2d 320 [1986].) >> However, Lakes claim is not that the signature verification procedures are unlawful. endstream endobj Therefore, the court will not require counsel to file multiple sets of the same motion papers, including possibly numerous and lengthy affidavits, affirmations and briefs. <>stream x}N0sKuE%TJz@/gbKT6W$X`GZ53qC;>vF1Rp:Q%.$L8KNZ1u1RSk$iB%s*Q/']?V$t$vc3HV~" /RZ]RiMd:DHs%>mm endobj xS*r We noticed that you're using an AdBlocker. endstream See Uniform Rule 202.8(d). Counsel should deliver the proposed order to the Order Section of the appropriate back office, except in an e-filed case, when it shall be submitted electronically. Adjournments by E-Mail: Parties to a hard-copy case seeking an adjournment on consent in compliance with the procedures outlined here may do so by e-mail. 2013-04-25T19:00:18Z Court. Motions will be submitted, not marked off, in the absence of the movant. /BaseFont /Helvetica xuKj0>J~1!Hh 4$dw$Y*^e}Uj#]I r[$%Ack"<9kiJ 7p~\l%^l3s f}k{;7y}H8YZdZU7XsVU%H#{X9/`#D9;xsV` Affidavits or affirmations in support of the motion and a memorandum of law will not be accepted at that time, but shall instead be submitted in the Motion Submission Part Courtroom (Room 130) on the final return date. <> x+ | stream <>/FirstChar 32/LastChar 121/Widths[278 0 0 0 0 0 0 0 0 0 0 0 0 0 278 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 722 0 722 0 0 0 0 0 0 0 0 0 0 0 0 667 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 611 556 611 556 0 0 0 278 0 0 278 889 0 611 0 0 389 0 333 611 556 778 0 556]>> 4 0 obj endstream 4R04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ 9 x+ | <>/K 6/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> <>stream 4V04QI2T0 t(P@H!$K#(,3%5E!R91'D3$X\P/9?5+ :h Orders in cases under Article 81 of the Mental Hygiene Law and orders for receivership and other fiduciary accountings are to be settled in the Guardianship and Fiduciary Support Office (Room 158) because of the special expertise required to review them. If more than one case is set down for joint trial, on the other hand, the cases remain separate, will end in separate judgments and are merely tried together. <>/K 8/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> 2010].) endobj x+ | endobj We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Your credits were successfully purchased. If you wish to keep the information in your envelope between pages, endstream endobj /Name /fytekpgnum 9 0 obj Parking: Metered parking across from 100 Centre St. endobj See Subd. Decisions (other than those in matrimonial and Article 81 cases and cases under seal) are posted on the Supreme Court Records On-Line Library ("Scroll") on this website within a few business hours after recordation of data in the court's computer. Given the purpose of the Room 130 procedure, the substance of motions will not be addressed at the submission "call." endstream people of the state of new . 6 0 obj Supreme Court of the State of New York, Appellate Division, Third Judicial Department. When papers have been submitted to the General Clerk's Office in the manner described above for the purpose of calendaring a motion/petition, the staff will review the papers for form (e.g., to be sure that proof of service has been filed in a hard-copy case, that the motion/petition has been made returnable in the Motion Submission Part Courtroom (Room 130) on a business day at 9:30 AM). <>/K 5/P 54 0 R/Pg 36 0 R/S/P/Type/StructElem>> Furthermore, an applicant must, by phone, fax, e-mail, or mail transmitted with adequate lead time, advise all parties who have not consented that an application will be made, and the affidavit or affirmation must provide specifics on this as well. /CreationDate <443A32303139303332373135333831365A> Filing Fee on Motions and Cross-Motions: Filing Fee on Motions Required: A motion fee must be paid on motions made in writing by notice of motion, order to show cause or ex parte after the commencement of an action. (There are a few exceptions. 17 0 obj -a2 "U@?RrwWX8/`#qD9zsV` . Uniform Rule 202.70 (b) (4), (5), (11), (12). Your content views addon has successfully been added. Delivery of papers by service or a clerk will suffice. All decisions on motions and orders in hard copy cases are delivered to the General Clerk's Office, which records in the court computer that a decision has been issued, the date thereof and whether the case has been disposed of, and makes similar notations as to long form orders. See Section E. The results of the submission process for all motions "called" in the Motion Submission Part Courtroom have been published in the New York Law Journal two days after each return date. x+ | When a Justice directs in a decision that a long form order or judgment be settled, that decision is recorded in the courts computer system by the General Clerk's Office and the motion file with decision is held in the Order Section of the Office in Room 119. Advance Publication of Room 130 Calendars: Two days prior to the return date, the New York Law Journal will publish, in alphabetical order, the calendars of all motions returnable in the Courtroom on that date. 32 0 obj endstream <> This process of incorporation in separate, very brief motion papers should be repeated in each related case in which a party wishes to make the identical motion. 5 0 obj Subsequent documents on motions/petitions in e-filed cases shall be e-filed in a timely manner. Uniform Rule 202.70 (d). Proposed orders or judgments that did not arise out of a formal motion (e.g., out of a conference or trial) should be submitted to the Part of the assigned Justice. c x+ | 36 0 obj <>>>>> Colangelo, Matthew For this purpose, the term "action" shall mean any application to the court that requires the assignment of an index number, regardless of whether a formal pleading is filed. 20 0 obj xS*r The court has established procedures to ensure that no attorney need feel compelled to attend the "call" out of fear that another party to the case will appear and make an unexpected application. Gina Levy Abadi. Counsel should not contact Chambers for information about decisions and orders. endobj 7 endobj NEW YORK COUNTY CLERK 10/13/2022 10:21 AM: . endstream Any such message may be sent up to 5 P.M. of the day before the return date of the motion to which it relates. 38 0 obj Plan of Greater N.Y., 7 N.Y.2d 56, 63 [1959]. 1st JD - Supreme Court, Civil Branch, NY County, Subpoenaed Records/Interpreters/Withdrawal, Rules of the Special Referees Part (Part SRP), Court Examiners Remote Access Procedure, Uniform Case Scheduling Order- City Tort Cases, Judicial Mediation and Part 40 Waiting List, Supreme Court, New York County-Civil Term Temporary Procedures. The submission `` call. for three days to permit compliance ) ( 4,... Cases shall be e-filed in a timely manner attorney must be counsel of Record in the County of locations. Be present in Room 130 procedure, the substance of motions will be to. The Hon, 1026 [ 2nd Dept However, Lakes claim is not submitted, moving... 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Motion papers be submitted papers by service or a Clerk will suffice Room ( 60 Centre Rm. Utilize staggered court appearances NQ8, V, 1026 [ 2nd Dept Appellate Division, Third Judicial Department stream >... 11 ), ( 12 ). New York Supreme Courts utilize staggered court appearances is.... The purpose of the motion fee information about decisions and orders endobj this cooperation! ( 60 Centre, Rm trial-level court for civil cases in the civil Branch and the Division!