Hon. Consuelo Mallafre — Part 4, 63, MMTRP Rules

Hon. Consuelo Mallafre

Part MMTRP, Part 63, and Part 4 Rules

Principal Law Clerk

Nicole Grieco, Esq., ngrieco@nycourts.gov

Assistant Law Clerk

Audrey Nadler, Esq. anadler@nycourts.gov

Part Clerk

Charmane Jacob, cjacob@nycourts.gov

360 Adams Street

Brooklyn, New York 11201

Chambers Room 1130

Courtroom 561

Courtroom Telephone No.

(347) 401-9405

Chambers Telephone No.

(347) 296-1043

Updated

August 10, 2026

THE COURT WILL NOT ENTERTAIN EX-PARTE COMMUNICATION. ALL PARTIES MUST BE COPIED ON ANY EMAILS TO THE COURT.

The Court will not respond to emails not copied to all parties except where there are personal or exceptional circumstances, for example, security or medical issues.

INQUIRIES

In the first instance, ALL inquiries on a pending case or calendar status shall be made to the PART CLERK, Room 561, Telephone (347) 401-9405 . Chambers staff cannot provide guidance or advice to attorneys or litigants.

Telephone calls to Chambers are permitted only in emergencies.

E-FILING

All cases shall be converted to e-filing. Papers shall be filed through NYSCEF, except where a pro se party has not consented. In such cases, the non-consenting party must file papers in Motion Support and email copies to chambers, copied to all parties.

WORKING COPIES OF E-FILED MOTIONS ARE NOT REQUIRED.

MOTIONS ARE HEARD IN PERSON

Motions are heard IN PERSON every Wednesday in Courtroom 561, at 360 Adams Street, Brooklyn, New York. The first call of the calendar is at 9:45 A.M. The second call of the calendar is at 10:00 A.M. All motions require appearances and oral argument. Attorneys MUST be present at the call of the calendar.

SUMMARY JUDGMENT MOTIONS

STIPULATIONS SIGNED BY ALL PARTIES EXTENDING THE FILING OF A SUMMARY JUDGMENT MOTION WILL BE ACCEPTED BUT WILL NOT BE SO-ORDERED.

For cases with a Note of Issue filed before NOVEMEBER 1, 2026 : a motion for summary judgment shall be made no later than 90 days after filing the Note of Issue, except with leave of Court on good cause shown pursuant to Brill or by Stipulation of all parties.

For cases with a Note of Issue filed on or after NOVEMBER 1, 2026 : a motion for summary judgment shall be made no later than two months after filing the Note of Issue, rather than 60 days, except with leave of Court on good cause shown pursuant to Brill, or by Stipulation of all parties.

Summary judgment motions in cases with multiple defendants that are filed AFTER DISCOVERY BUT BEFORE THE FILING OF THE NOTE OF ISSUE will be adjourned to a date two months after the filing of the Note of Issue, to be heard and decided with any summary judgment motions timely filed after the Note of Issue.

ONLY ONE (1) ADJOURNMENT BY STIPULATION WILL BE ALLOWED ON SUMMARY JUDGMENT MOTIONS.

REPLY PAPERS MUST BE SERVED AND FILED ON NYSCEF BY THE FRIDAY BEFORE THE RETURN DATE OF THE MOTION.

Where Plaintiff has submitted a redacted expert affirmation, the unredacted affirmation must be presented to the Court for in camera inspection by mail, email (ngrieco@nycourts.gov; anadler@nycourts.gov), or in person on the date of oral argument.

MOTIONS – GENERALLY

ALL MOTIONS REQUIRE AN APPEARANCE ON THE RETURN DATE OF THE MOTION.

The Court grants first adjournments of motions as of right. Further requests for adjournments shall be by application in person on the return date OR emailed to Chambers, on Consent of all parties, two weeks before the return date of the motion. Such requests shall subject to the Court’s discretion.

All first adjournments or withdrawals of motions must be emailed to Chambers to ngrieco@nycourts.gov and anadler@nycourts.gov by noon of the Friday before the return date, otherwise an appearance in person is required.

Supplemental Briefs

Supplemental briefs will neither be requested nor considered, including those previously filed. No sur-reply, affidavits, affirmations, or letters will be accepted or considered.

ORDERS

Proposed orders SHALL be emailed to Chambers on a word document (not pdf) by the Friday after the motion is argued. The Court’s signature line must not appear on a page with no other writing. Failure to comply with the requirements of this section may result in the rejection of the offending submission.

View the Order to be Relieved as Counsel Sample Template

MMTRP CONFERENCES

MEDICAL MALPRACTICE TRIAL READINESS PART CONFERENCES WILL BE HELD IN PERSON. Counsel must appear at the scheduled date and time SHARP.

Attorneys are expected to be familiar with the underlying facts, merits, and defenses of the case and have authority to discuss settlement.

OTHER CONFERENCES

Parties may request a settlement conference at any time. To request a conference, parties should email Nicole Grieco at ngrieco@nycourts.gov and Audrey Nadler at anadler@nycourts.gov. Emails must be on notice to all counsel and include the caption, index number, brief summary of the status of the action, and reason for the requested conference.

APPEARANCES

Attorneys must make appearances with knowledge of the case and/or the pending motion.

DEFAULTS

Pursuant to Uniform Rule 202.27, the Court has discretion in addressing a calendar default. Thus, an action may be dismissed, or judgment entered for the failure of a party to appear for an oral argument on a motion, a conference, or a hearing.

Alternatively, a motion may be granted on default upon the failure of the non-moving party to appear or marked off if the movant fails to appear on the return date.

Counsel are advised that if a motion has been marked ready and no one appears to argue the motion when it is called to be heard, a default may be taken against the party who answered "ready" and then failed to appear.

VACATUR OF THE COURT'S ORDER WILL BE ACCEPTED WITHIN 48 HOURS, WITH A SIGNED STIPULATION BY ALL PARTIES, EMAILED TO CHAMBERS - Please contact chambers to ensure the stipulation was received and accepted.

DISCOVERY / DISCOVERY MOTIONS

All discovery matters must be referred to the Discovery Part. They can be reached at: PC/Intake 347-296-1592; Central Compliance Part 347-296-1626; Final Compliance Part 347-401-9054.

Chambers will not extend the note of issue on a Part 63 case. Those requests must be made to the Note of Issue-Final Conference Part (NIFCP). Chambers will not adjourn appearances in the Preliminary Conference Part (PC), Central Compliance Part (CCP), or the Note of Issue-Final Conference Part (NI-FCP) on Part 63 cases. Please contact those parts directly.

TRIALS

ALL TRIAL PROCEEDINGS ARE HELD IN PERSON IN COURTROOM 561.

All counsel shall be present in the courtroom by 9:30A.M. and ready for trial unless otherwise scheduled with the Court.

The Court will conference every case when it is assigned for Trial.

Proposed Jury Charges and Verdict Sheets

All proposed jury charges and proposed verdict sheets shall be emailed to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov as a Microsoft Word document at the conclusion of Plaintiff’s expert’s testimony.

Motions in Limine

At the Pre-Trial Conference, counsel must submit any motions in limine 30 days before the commencement of a trial to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov and filed on NYSCEF. Any potential evidentiary question or procedural or substantive law matter not previously adjudicated shall be brought to the Court's attention and addressed prior to trial by way of a written 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.

Bill of Particulars/Marked Pleadings

Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.

Exhibits

Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court before trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. On the day of trial, the exhibits and the list will be given to 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.

Objections

Counsel shall RISE when making objections or addressing the Court. In making objections, counsel should initially state the broad ground for the objection, e.g., leading, relevance. If the objection’s basis is unclear, the Court will request further elaboration or argument, which will be conducted at a sidebar conference. Arguments before the jury, either as to objections or the Court rulings, will not be permitted.

Witnesses

Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony.

Interpreters

Counsel shall apprise the Court of the need for an interpreter before the commencement of the trial, especially for a language other than Spanish.

Depositions

A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.

DEATH COMPROMISE and INFANT COMPROMISE ORDERS

THE COURT WILL NOT ACCEPT PROPOSED DEATH COMPROMISE ORDERS OR PROPOSED INFANT COMPROMISE ORDERS BY ORDER TO SHOW CAUSE OR NOTICE OF MOTION . THESE PETITIONS MUST BE FILED ON NYSCEF AND A COPY EMAILED TO CHAMBERS.

Where the action does not participate in NYSCEF, petitions shall be filed in the Motion Support Office , at 360 Adams Street, Room 227.

Petitioner MUST email Nicole Grieco at ngrieco@nycourts.gov and Audrey Nadler at anadler@nycourts.gov to confirm receipt of the Petition.

Non-e-filed actions require a Courtesy Copy delivered to Chambers.

Upon submission of all required documents, a hearing may be scheduled and conducted virtually by way of Microsoft Teams, based on the Court’s discretion. If necessary, chambers will send an email/letter of instruction to request revisions and/or missing documents. Counsel for plaintiff(s) must appear at the hearings with their clients.

The applicant must comply with the requirements of CPLR §§1207 & 1208, Uniform Rule §202.67 and/or EPTL§ 5-4.6.

Additionally, all submissions shall include either a letter confirming the proposed settlement amount or a stipulation of the parties reflecting same.

Infant Compromise petitions must comply with CPLR §1208. If any portion of the settlement is structured, the cost of the annuity must be stated in the order. The attorney affirmation must account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults in appearances. The infant’s medical reports, a physician affirmation, parent affidavit, any structured settlement proposals, and an affirmation of no liens are required with the submissions.

If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.

Petitions to Withdraw Funds and Petitions to amend 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.

Death Compromise Petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters.