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CMP RIP 4-20-18

IT’S TRUE – CENTRALIZED MOTION PART IS ENDING.  STARTING APRIL 23, 2018, MOTIONS WILL BE BACK BEFORE THE ASSIGNED JUSTICE.  CLICK THE LINK BELOW FOR MOTION DATES AND TIMES.  I WILL UPDATE WITH JUSTICE’S PART RULES AS THEY ARE PUBLISHED.

NEW MOTION DAYS AS OF APRIL 23, 2018

THE BELOW IS STILL IN EFFECT THROUGH APRIL 20, 2018

The Centralized Motion Part is held in Rm 25 at 2:15 pm sharp Monday through Thursday and 11:00 am sharp on Friday. THERE IS ONLY 1 CALENDAR CALL.

If the motion is discovery related, it will be marked “for conference” and will be called up after the calendar ends and in alphabetical order.  Discovery motions resolved by a signed Stipulation between the parties will be called first and resolved as the calendar is being called.

Other than the first Motion filed to calendar the case, ALL RESPONSIVE PAPERS (OPPOSITION, REPLY, CROSS MOTIONS ETC) CAN ONLY BE SUBMITTED ON CALL OF THE CALENDAR. If Your Opp was served later than the briefing schedule set at the first return date, it will be rejected as late.   This is so even if the parties agree to late opp with additinol time for Reply.  This lateness can be cured if a Reply is submitted.  

The most important rules are summarized as follows:

As of August 1, 2016, the briefing schedule for motions will be strictly enforced. For example, if a motion is “adjourned to December 1st with Opp to be served by Nov. 10th,” any opp served after Nov 10th will be rejected by the court UNLESS Reply is submitted. This is very rarely negotiable even if the parties consent. Be very careful. Motions submitted without Opp may result in malpractice. The court is not concerned with this possibility.

Mandatory appearances on discovery motions and OTSC. Even if you have a signed stip to adjourn you MUST appear if it is your Discovery Motion or OTSC or it will be marked “Off Calendar.”

Discovery motions are expected to stip out.  Adjournments are grandted for Opp and Reply after a conference with a Referee where it is determined that no Stipulation can be reached.  Submission to Judge for decision is possible after a conference with the Referee at the second appearance and a Stipulation cannot be reached.

All other motions (SJ, consolidation, preference, whatever) can be adjourned ONCE from the original return date for responsive papers.  Requests for a second adjournment are routinely denied. This is true even if the parties stipulate.  There is only one adjournment for Opposition. Do not anticipate a 2nd adjournment – it won’t be there except for good cause shown like death or illness with written documentation only. Even if all sides execute a stip to adjourn, the Referees routinely disregard it. I have been able to get a 2nd adjournment if I have an affidavit of serious illness or other tragedy.I have also been denied a second adjournment with a Dr’s note for illness.  Otherwise, 2nd time on motions are being submitted without opposition. There is no concern that this could result in malpractice if an unopposed motion is granted. BEWARE ! Also, if opposition is served timely, you will not be granted an 2nd adjournment for Reply.

There is no longer a 2nd adjournment on threshold motions when you are waiting for an affidavit from your Dr.  
E filed motions require a courtesy copy submitted on calendar call or it will be marked “off calendar.”

Strict adherence to proper Notice of Motion.  If Notice is defective (wrong time or location) the motion will be denied and will have to be refiled.  This can be cured if all parties are present or if it is a discovery motion that can be stipped out.

Centralized Motion Part Rules updated Oct 2015

718-298-1728

1. The Centralized Motion Part (CMP) will hear noticed applications on Monday thru Thursday,
at 2:15 PM. Motions noticed for Friday will be called at 11:00 a.m.. There will be only one
calendar call.

2. Failure to notice a motion in compliance with the designated time as referred to in the
above, shall result in the motion being marked off the calendar without prejudice. (Revised
6/2013)

3. The CMP will hear all noticed applications except those filed involving Article 81
proceedings, Matrimonial matters, Election Law proceedings, Tax Certiorari proceedings, Unsafe
Building proceedings, Nuisance Abatement proceedings, Uninsured Motor Vehicles, all Medical
Malpractice Proceedings assigned to Judge O’Donoghue and Condemnation proceedings. All
other applications in the above listed proceedings will be processed under their current system.

4. All noticed applications MUST be noticed to be heard in the Centralized Motion Part,
Courtroom 25, located at 88-11 Sutphin Blvd., Jamaica, NY 11435.

5. The application will appear on the CMP calendar as noticed provided it is fee processed by the
County Clerk and in the possession of the Motion Support Office a minimum of five business
days in advance of the return date.

6. The court will be compelled to administratively reschedule in the following situations:
•Any application noticed for a holiday
•Any application noticed for a Saturday or a Sunday
•Any application filed untimely as mentioned above in #4
•Matters in which Corporation Counsel appears (matters must be noticed for Tuesday or
Wednesday)

7. Should the court administratively reschedule, the movant will be responsible for notifying all
parties of the administratively rescheduled date which can be ascertained at the e-court’s web site
at http://iapps.courts.state.ny.us/webcivil/ecourtsMain.

8. Mandatory appearance will be required for an Order to Show Cause, Writ of Habeas Corpus
or any discovery related application or to vacate a note of issue. The Court directs that any
attorney appearing on a case for any purpose MUST be familiar with the case, prepared and
authorized to resolve any and all issues. On the return date, any discovery related application will
be conferenced with the expectation that the issues will be resolved by stipulation. All
stipulations must indicate that the motion, and where appropriate the cross-motion, is/are being
withdrawn pursuant to the stipulation and must be signed by the attorneys appearing at the
calendar call.

9. A stipulation withdrawing an application and resolving all issues can be submitted on the
morning of the return date in the CMP office, room 24A, or during the call of the calendar in
Courtroom 25 and may be filed by Calendar Service.

10. The answering papers on a substantive motion, including cross-motions, affirmations in
opposition and reply affirmations, will be accepted on the morning of the return date in the CMP
office, room 24A, or at the call of the calendar and may be filed by Calendar Service. Cross
motions that are brought on insufficient notice or improperly seek relief against a nonmoving
party are subject to being marked off at the call of the calendar (effective June 2,
2014). All papers must be submitted in person by counsel or by a calendar service.

11. The court will entertain an application for an adjournment on any substantive motion only at
the call of the calendar and will not be entertained by mail, fax or by telephone. Only one
adjournment will be permitted issuing specific dates on which all responsive papers are to be
served.

12. On any application subject to e-file, a working copy must be submitted at the call of the
calendar. In such events, per rule, each working copy will include, firmly affixed thereto, a copy
of the confirmation notice received from the NYSCEF site upon the electronic filing of such
documents. A party that has opted out of participation in e-file will file documents in hard copy
which will include, on a separate page firmly affixed thereto, the “NOTICE OF HARD COPY
SUBMISSION–E-FILED CASE” form, which can be found on the NYSCEF site at
https://iapps.courts.state.ny.us/nyscef/forms/EFM3.pdf. Failure to present the required hard
copy on the initial motion date may result in the matter being marked off the calendar
(effective June 2, 2014).

13. Please call (718) 298-1728 to hear answers to commonly asked questions.
PLEASE NOTE THAT THE CENTRALIZED MOTION PART DOES NOT ACCEPT
ANY PAPERS BY MAIL, NOR BY FAX. PAPERS ON PRE-SUBMISSION MOTIONS
MUST BE DELIVERED DIRECTLY TO THE CENTRALIZED MOTION PART ON
THE RETURN DATE OF THE MOTION. PLEASE DO NOT SEND ANY PAPERS
DIRECTLY TO THE IAS JUDGE OR CHAMBERS. PLEASE NOTE THAT
EFFECTIVE NOVEMBER 2, 2015 ANY PAPERS SUBMITTED TO COURT/CMP
THAT ARE NOT IN COMPLIANCE WITH CMP RULES STATED ABOVE WILL BE
DISCARDED.
ALSO NOTE THAT THE CENTRALIZED MOTION PART CLERKS WILL NOT
ACCEPT ANY PAPERS PRIOR TO THE CALL OF THE CALENDAR FOR ANY
MATTER IN WHICH A MANDATORY APPEARANCE IS REQUIRED (SEE RULE # 8)
Updated October 7th, 2015