Hon. Erik L. Gray — Part IA-30 Rules

Hon. Erik L. Gray

Supreme Court of the State of New York

Bronx County, Civil Term

851 Grand Concourse

Bronx, New York 10451

Part 30

Courtroom 703

Part Clerk

Eamon Fuller, SCC

Part Phone

718-618-1320

Part E-Mail

bxsupciv-ia30@nycourts.gov

Principal Court Attorney to Justice Gray

Jesse Michael James Roehling, Esq.

Mr. Roehling’s E-Mail

jroehlin@nycourts.gov

Assistant Court Attorney to Justice Gray

Arran G. Robertson, JD

Mr. Robertson’s E-Mail

arobertson@nycourts.gov

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Please be advised that “taking photographs, films or videotapes, or audiotaping,

broadcasting or telecasting, in a courthouse, including any court room, office or hallway thereof,

at any time or on any occasion, whether or not the court is in session, is forbidden, unless

permission of the Chief Administrator of the courts or a designee of the Chief Administrator is

first obtained” (22 NYCRR 29.1 [a]).

RULES OF PART 30

1. EX-PARTE COMMUNICATIONS: There shall be no ex-parte communications

with the court whatsoever, including from support staff such as paralegals, legal assistants, and

administrative assistants, with the exception of ex-parte requests for judicial accommodations

pursuant to 22 NYCRR 52.1.

2. RULINGS AT DEPOSITIONS: Parties may NOT, under any circumstances

whatsoever, contact the court for a ruling during a deposition. Parties shall comply with CPLR

3115 and 22 NYCRR 221.1-3 regarding conduct during depositions.

3. CONFERENCES AND APPEARANCES: All conferences and appearances shall

be held on Thursdays and Fridays at either 9:30 a.m. or 2:30 p.m., unless otherwise noted, and

shall be in person unless a party has been granted prior court approval to appear virtually. Parties

shall check in with the part clerk or court officer upon arrival. A default calendar will be called at

11:00 a.m. or 3:00 p.m. Failure to appear at a conference or scheduled call of a calendar may result

in a default and inquest or the dismissal of the action, pursuant to 22 NYCRR 202.27.

Amended January 16, 2026

4. VIRTUAL APPEARANCES: Parties may request a virtual appearance by e-

mailing Mr. Roehling with the specific reason for the request. Parties may NOT call Mr. Roehling

or contact the part to request a virtual appearance. Court approval to appear virtually shall be

granted on a limited, case-by-case basis.

5. CONSULTATION PRIOR TO PRELIMINARY, COMPLIANCE, AND STATUS

CONFERENCES: Every action shall have one preliminary conference, one compliance

conference, and as many status conferences as are necessary, and parties shall consult prior to a

preliminary, compliance, or status conference, pursuant to 22 NYCRR 202.11.

6. SCHEDULING AND ADJOURNMENTS OF CONFERENCES: Parties may

request an initial conference or an adjournment of a conference by e-mailing Mr. Roehling and

copying all parties on the e-mail. Please include proposed new conference dates on a Thursday or

Friday at 9:30 a.m. and advise Mr. Roehling whether the request is on consent of all parties. Parties

may NOT call Mr. Roehling or contact the part to request an adjournment of a conference.

7. ADHERENCE TO DISCLOSURE SCHEDULES: Parties shall strictly comply

with disclosure obligations by the dates set forth in court orders, pursuant to 22 NYCRR 202.20-e

(a). Noncompliance with disclosure obligations in court orders may result in the imposition of

appropriate sanctions against that party or for other relief pursuant to CPLR 3126, pursuant to 22

NYCRR 202.20-e (a).

8. DISCLOSURE DISPUTES: Parties shall attempt to resolve disclosure disputes

through informal procedures, as opposed to motion practice, pursuant to 22 NYCRR 202.20-f (a).

9. MOTIONS REGARDING DISCLOSURE DISPUTES: Motions regarding

disclosure disputes shall contain an affirmation of good-faith effort to resolve the dispute, pursuant

to 22 NYCRR 202.7 (a) and (c) and 22 NYCRR 202.20-f (b). Disclosure motions that do not

strictly comply with the foregoing may result in the denial of the motion, pursuant to 22 NYCRR

202.20-f (c). Disclosure motions shall not be combined with requests for any other relief and shall

be made returnable in the Motion Support Office, Room 217, on any weekday at 9:30 a.m. While

highly discouraged, pursuant to 22 NYCRR 202.20-f (a), parties do not need leave of court to

make a disclosure motion. Parties are cautioned, however, that frivolous disclosure motions will

not be tolerated and may result in costs, reasonable attorney’s fees, and/or financial sanctions

pursuant to 22 NYCRR 130-1.1. Parties are also reminded that “[c]osts upon a motion may be

awarded to any party, in the discretion of the court, and absolutely or to abide the event of the

action” (CPLR 8106).

10. MOTIONS FOR SUMMARY JUDGMENT: Motions for summary judgment shall

be made no later than 60 days after the filing of the note of issue (see CPLR 3212 [a]). Motions

for summary judgment shall be made returnable in the Motion Support Office, Room 217, on any

weekday at 9:30 a.m.

11. ALL OTHER MOTIONS: All other motions shall be made returnable in the Motion

Support Office, Room 217 on any weekday at 9:30 a.m.

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12. SUR-REPLY PAPERS: Sur-reply papers, including correspondence, addressing

the merits of a motion are not permitted and will not be read or considered, pursuant to 22 NYCRR

202.8-c.

13. USE OF ARTIFICIAL INTELLIGENCE: Any party that has used artificial

intelligence, including, but not limited to, ChatGPT, CoCounsel, or Lexis+ AI, in the preparation

of any document filed with or submitted to the court shall advise the court of that fact in said

document. Parties are responsible for ensuring that any case citation in any document filed with or

submitted to the court is both real and accurate, and parties are cautioned that the inclusion of

hallucinated cases or inaccurate case holdings in any document filed with or submitted to the court

will not be tolerated and may result in costs, reasonable attorney’s fees, and/or financial sanctions

pursuant to 22 NYCRR 130-1.1.

14. UNOPPOSED MOTIONS: Unopposed motions, particularly motions for a default

judgment, shall be granted only after the moving party has made a prima facie showing supported

by admissible evidence, as “ ‘CPLR 3215 does not contemplate that default judgments are to be

rubberstamped’ ” (Feffer v Malpeso, 210 AD2d 60, 61 [1st Dept 1994] [citation omitted]).

15. ORAL ARGUMENT: Oral argument of motions regarding disclosure disputes are

mandatory and, after the motion is fully submitted in the Motion Support Office, Room 217, shall

be scheduled and held in person in Part 30 on Thursdays or Fridays at 9:30 a.m. or 2:30 p.m. Oral

argument of motions for summary judgment and other substantive motions will generally not be

permitted (see 22 NYCRR 202.8-f), however, parties may request oral argument of a motion

pursuant to 22 NYCRR 202.8-f (b). Requests for oral argument shall be decided on a case-by-

case basis, pursuant to 22 NYCRR 202.8-f (a).

16. ADJOURNMENT OF MOTIONS: Parties may, without leave of court, adjourn a

motion returnable in the Motion Support Office, Room 217, at any time by filing a stipulation of

adjournment on NYSCEF.

17. RESOLUTION OF MOTIONS: Parties shall file a stipulation, notice, or letter on

NYSCEF if a motion has become wholly or partially moot and shall notify the court as promptly

as possible by e-mailing the stipulation, notice, or letter to Mr. Roehling, pursuant to 22 NYCRR

202.28 (b).

18. ORDERS TO SHOW CAUSE: Motions shall be brought by order to show cause

only under the specific circumstances permitted by 22 NYCRR 202.8-d. Reply papers shall not be

submitted on orders to show cause, pursuant to 22 NYCRR 202.8-d. Orders to show cause may

not be adjourned, even on consent, without prior court approval, which shall be obtained by e-

mailing Mr. Roehling and copying all parties on the e-mail. Parties may NOT call Mr. Roehling

or contact the part to request an adjournment of an order to show cause.

19. PRE-NOTE-OF-ISSUE SETTLEMENT CONFERENCES: Parties may request a

settlement conference at any time, on consent of all parties, by e-mailing Mr. Roehling and copying

all parties on the e-mail. Please include proposed settlement conference dates on a Thursday or

Friday at 2:30 p.m. Parties may NOT call Mr. Roehling or contact the part to request a settlement

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conference. Parties are expected to be fully familiar with the action and authorized and prepared

to discuss settlement, pursuant to 22 NYCRR 202.26 (a). Parties may, but are not required to,

submit confidential settlement packets to the court prior to any settlement conference by e-mailing

it to Mr. Roehling or hand delivering it to the courtroom.

20. NOTE OF ISSUE: A note of issue date shall be provided to the parties at the final

status conference, after disclosure is complete. A note of issue shall NOT be filed, under any

circumstances whatsoever, until a final status conference has been held in Part 30 and a stipulation

indicating that disclosure is complete has been signed by all parties at such conference and the

parties have been given a note of issue date at such conference. A note of issue that is filed

prematurely may be vacated sua sponte. As previously stated, motions for summary judgment shall

be made no later than 60 days after the filing of the note of issue (see CPLR 3212 [a]).

21. POST-NOTE-OF-ISSUE PRETRIAL (SETTLEMENT) CONFERENCES: If any

motions for summary judgment have been made, a pretrial (settlement) conference will not be held

until after the motions are decided. If no motions for summary judgment have been made or any

motions for summary judgment have been decided, a pretrial (settlement) conference shall be

scheduled and held in person on Thursdays or Fridays at 9:30 a.m. or 2:30 p.m. Parties are expected

to be fully familiar with the action and authorized and prepared to discuss settlement and other

matters, pursuant to 22 NYCRR 202.26 (a) and (b). Parties may, but are not required to, submit

confidential settlement packets to the court prior to any settlement conference by e-mailing it to

Mr. Roehling or hand delivering it to the courtroom.

22. SETTLEMENTS AND STIPULATIONS OF DISCONTINUANCE: If an action is

settled, discontinued, or otherwise disposed of, parties shall file a stipulation of discontinuance on

NYSCEF and shall immediately notify the court by e-mailing the stipulation to Mr. Roehling,

pursuant to 22 NYCRR 202.28 (a). Absent an agreement to the contrary, defendants shall file the

stipulation of discontinuance on NYSCEF, pursuant to CPLR 3217 (d). If an action is only partially

discontinued, the stipulation of partial discontinuance shall clearly state in both the title and body

who the action is being discontinued against and, when filed on NYSCEF, the “stipulation - partial

discontinuance” choice (either post-RJI or pre-RJI) shall be selected under “available document

types.”

23. STIPULATIONS AND SUBPOENAS: Parties requesting that stipulations and/or

subpoenas be so ordered shall file the request, together with an affirmation in support for a

subpoena, on NYSCEF and shall e-mail the request to Mr. Roehling, as neither Mr. Fuller, Mr.

Roehling, nor Justice Gray are notified when a document has been filed on NYSCEF.

24. REDACTION OF CONFIDENTIAL PERSONAL INFORMATION: Parties shall

omit or redact confidential personal information in papers submitted to the court for filing pursuant

to 22 NYCRR 202.5 (e) (1).

25. TRACKING OF ACTIONS: Parties shall track their actions via eTrack on eCourts

and shall be responsible for appearing on all future court dates.

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26. JURY TRIALS: Upon being assigned to Part 30 for a jury trial, marked pleadings

and other papers shall be submitted to the court pursuant to CPLR 4012 and 22 NYCRR 202.35.

Motions in limine shall be made and opposed orally or by filing informal motion papers (i.e.,

without a notice of motion) on NYSCEF. If a party chooses to file informal papers on NYSCEF,

they shall immediately e-mail the papers to Mr. Roehling. Informal motion papers shall NOT be

e-mailed to Justice Gray or the part.

27. SUMMARY JURY TRIALS: Upon being assigned to Part 30 for a summary jury

trial, marked pleadings and other papers shall be submitted to the court pursuant to CPLR 4012

and 22 NYCRR 202.35. Summary jury trials are governed by The Summary Jury Trial Process:

Bronx Rules and Procedure As Amended 9/23/08. Only the attorneys who will be trying the action

may appear at the evidentiary hearing, and those attorneys shall bring the following to the hearing:

requests to charge, proposed verdict sheets, documents they are seeking to introduce in evidence,

a witness list, and any prior court order that will affect the summary jury trial.

28. INQUESTS: On inquests involving personal injury actions, plaintiff shall submit

to the court Appellate Division case law that supports the award being requested.

THESE RULES MAY PERIODICALLY BE AMENDED.

PARTIES ARE RESPONSIBLE FOR ENSURING COMPLIANCE WITH THE MOST

RECENT VERSION.

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