Hon. Anne J. Swern — Part 75 Rules

Hon. Anne J. Swern

Part 75 Rules

Principal Law Clerk

Teresa R. Nuccio

Assistant Law Clerk

Ashley Kaminski

Part Clerk

Lauren McFowler-Ray

360 Adams Street, Courtroom 725

Brooklyn, NY 11201

Courtroom Telephone

(347) 296-1599

Chambers Telephone

(347) 296-1560

Updated

May 12, 2026

Communication

All inquiries on a pending case or calendar status, shall be made to the Part 75 Clerk at ksccvpart75@nycourts.gov or 347-296-1599.

DISCOVERY & POST-NOTE OF ISSUE DISPOSITIVE MOTIONS

All inquiries pertaining to discovery matters should be directed to the Centralized Compliance Part (CCP)

at (347) 296-1626. See also Kings County Discovery Part Rules - Intake and CCP

All requests for an extension of time to file the Note of Issue must be submitted to CCP/FCP Judge per the Discovery Part Rules. Do not submit the request to chambers or the Part Clerk.

All post-note of issue dispositive motions must be served no later than sixty (60) days after the filing of the Note of Issue. See also Kings County Motion Rules, Section 6 .

Motions

Calendar Call: Motions are calendared in Part 75 every Thursday.

Calendar calls are at 10:00 a.m. (first call) and 11:30 a.m. (second call). If your case is marked ready on first call, you must remain in the courtroom. The failure to appear at second call will result in the motion being marked off calendar or decided in your absence.

All counsel/litigants must be prepared with knowledge of the case and motion and be ready for oral argument.

ALL motions require an in-person appearance even if opposition has not been served or filed.

Appearances and Adjournments: All parties must appear in-person for all motions unless the parties submit a stipulation to the Court as follows: For NYSCEF/e-file actions , the stipulation must be e-filed at least two (2) business days before the return date.

For Pro Se non-NYSCEF/e-file actions , email the stipulation to the Part Clerk at ksccvpart75@nycourts.gov, Ashley Kaminski at akaminski@nycourts.gov, and Teresa Nuccio at tnuccio@nycourts.gov.

Contested Adjournments: An oral application for an adjournment shall be made before the Court on the return date.

All requests for an adjournment on consent must be in the form of a stipulation. Adjournments shall not be requested in an email, letter or by telephone.

Telephone calls to Chambers are not permitted. Please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov, with a copy to all attorneys and unrepresented litigants. The email’s subject line must state the index number and caption. Do not copy the Judge on any emails to the Court.

Stipulations and Adjournments on Consent. All stipulations must contain the following: Resolving the motion in its entirety, or

Withdrawing the motion.

All stipulations must include the following: The stipulation must have a briefing schedule.

The Court will allow one adjournment as of right without prior approval of the Court.

There will be no additional adjournments without good cause shown for failing to comply with the briefing schedule regardless of which party requested the initial adjournment. The parties must appear on the return date to request additional adjournments. OR

The parties must email the Court detailing good cause shown with the request for an additional adjournment.

The stipulation must account for all parties in the caption.

If a named party is not included in the stipulation for any reason ( e.g. , the party has not appeared or the action has been discontinued against the party, etc.), the reason for the exclusion must be stated in the stipulation.

Filing of Motion Papers: NYSCEF/E-Filed Actions : Hard copies/courtesy copies of motion papers are not required for e-filed actions. All motion papers must be filed electronically through NYSCEF.

Parties may choose to bring specific exhibits or affidavits in hard copy for the Court. Although this Court reads all motion papers in advance of the return date, it may become necessary to refer to a specific exhibit, and the bench is not always equipped with a computer.

Where all parties are represented by counsel, the parties must convert the action to NYSCEF.

Pro Se Non-NYSCEF/E-Filed Actions: Where the action does not participate in NYSCEF, motion papers must be filed by in person or by mail to the Motion Support Office, 360 Adams Street, Room 227, together with the filing fee. Do not submit the papers to Chambers . Motion papers, answering affidavits and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.

The parties shall submit courtesy copies of motion papers in PDF format to chambers, if possible. Please email the papers to Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov.

Motions that are randomly calendared in Part 75 by the litigants, another Judge or the Motion Support Office on a non-motion day, will be administratively adjourned to the next available motion date in Part 75 (Thursday). The parties may check E-Courts to verify appearance dates.

Motions to Consolidate: The parties must provide proof of service by email or First Class Mail for the parties in the other index numbers.

Defaults: The Court has discretion when addressing a calendar default. The Court may grant sanctions, including but not limited to, dismissing the action,

entering a judgment on default for the failure of one or more parties to appear on the return date, or

denying the motion based on the parties’ failure to appear.

Short Form Orders: All Short Form Orders must contain a recitation of the papers as required by CPLR § 2219(a). Short Form Order

Order Page 2

Consolidation Order

Joint Trial Order

Order Changing Venue

Default Judgment Order

Subpoenas: NYSCEF/E-Filed Actions : All subpoenas must be e-filed for approval by the subpoena records room. Once approved, the subpoena records room will forward the subpoenas to chambers for signature.

Pro Se Non-NYSCEF/E-filed Actions: The subpoenas shall be submitted to the subpoena records room for approval. Once approved, the subpoena records room will forward the subpoenas to chambers for signature.

SETTLEMENT CONFERENCES

The parties may request a settlement conference at any time before the filing of the Note of Issue by emailing Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov, with a copy to all attorneys and unrepresented litigants. The settlement conferences will be conducted virtually. The email’s subject line must state the index number and caption. Do not copy the Judge on any emails to the Court.

INFANT COMPROMISE ORDERS

NYSECF/E-Filed Actions: Petitions for infant compromise orders must be filed through NYSCEF. Any supplemental submissions must be uploaded through NYSCEF as well. Hearings will be scheduled upon submission of all required documents.

Pro Se Non-NYSECF/E-Filed Actions: Petitions for infant compromise orders must be submitted to Motion Support. Any supplemental submissions must be submitted to the Part Clerk. A courtesy copy in PDF format of papers shall be submitted to chambers, if possible. Please email the papers to akaminski@nycourts.gov and tnuccio@nycourts.gov.

Hearings will be scheduled upon submission of all required documents.

Infant Compromise petition and accompanying affirmations must comply with CPLR § 1208 and 22 NYCRR § 202.67.

The attorney affirmation must: Account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults or settlements in appearances.

Must include a detailed description of the incident and liability issues.

The attorney’s retainer number with the Office of Court Administration.

The petition must include the following: The infant’s medical reports/records.

A physician affirmation based on a physical examination within six months of the submission.

All settlement letters.

An affirmation of no outstanding/unpaid liens. If the liens are being waived, the petition must include a copy of the written waiver.

An affidavit of consent from an infant fourteen (14) years or older.

If any portion of the settlement is structured, the cost of the annuity must be stated in the order.

If a compromise order was previously signed or denied in this action or other proceeding, such order must be attached as an exhibit.

Any 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.

TRIALS

Before the trial commences, counsel shall submit to the Part Clerk the following:

Marked Pleadings and Bill of Particulars: Hard copies of the marked pleadings, including all Complaints, Answers, Notices to Admit and Bills of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.

Exhibits: Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits and defendants will letter their exhibits .

A list of the exhibits.

The Part Clerk, who will officially mark them before trial. It is the responsibility of the attorneys to ensure that subpoenaed records have arrived in the Subpoenaed Record Room.

Witnesses: A list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, as well as any interpreters.

Proposed Requests to Charge: The proposed charges must be submitted in Word and PDF format by email to Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov. The parties should be prepared to supplement their requested charges, as necessary, based on the Court’s rulings on motions in limine and during the trial. The charge conference shall be held after the conclusion of evidence before summations.

Motions in Limine: Any potential evidentiary questions or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed before trial by way of a written or oral motion in limine . A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff’s case and when otherwise requested by the Court.

Depositions: A copy of all deposition transcripts counsel intends to use at trial.

Technology: If the parties need technology provided by the Court, please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov when jury selection is completed.

Handicapped Accessibility: The Courtroom for Part 75 is not handicapped accessible for people who cannot use the stairs. If a party or witness needs a handicapped accessible courtroom, please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov before jury selection commences.

Scheduling Conflicts: The parties shall notify chambers concerning the scheduling issues after the completion of jury selection.