Justice Martin Schulman presides over this part on Monday and Friday. Administrative Justice Jeremy Weinstein presides over this part on Tuesday, Wednesday and Thursday.
Conferences are held in Room 25 at 9:30 am. There is no calendar call. Check in with the clerk when you arrive stating the calendar # and name, who you represent and how many attorneys are on the case. You must also know what the injuries are and if there are any pending motions. “Soft tissue” cases with no motions pending are routinely sent to civil court per CPLR 325d.
The case will be called when all parties are there. Writing your name and number on the calendar will help you meet up with your colleagues as calling the case name in the courtroom is not allowed. Defaults are taken after 11:00 am.
All cases are marked “FINAL” from the first appearance on the calendar but this does not necessarily mean it will be sent out to jury selection the first time on. Adjournments are granted depending on several factors including, but not limited to, standards and goals date (15 months after filing of the Note of Issue), number of times on the calendar and availability of parties and justices. “This is the first time on” is not a reason for an adjournment.
Trials should be COMPLETED BEFORE the standards and goals date – not sent to pick before that date. Pending motions will not necessarily stop a case from proceeding to jury selection. Affidavits of engagement are not accepted if the case was adjourned more than 60 days from the last trial date per Uniform Rules of Trial Court.
The professional courtesy of letting your adversary know you will be seeking an adjournment is requested and acknowledged by the court. An agreed to adjourned date is a plus.
The parties cannot unilaterally vacate the Note of Issue or remove the case to Civil court per CPLR 325d without a Court Order.
Telephone number to the part clerks, Barry Weber and Leslie Wolfe, is 718 298 1048.