Hon. Katherine Levine — Part 92 Rules

Hon. Katherine Levine

Part 92 Rules

Principal Law Clerk

Esther Murray, Esq.

Assistant Law Clerk

Michael Hanna, J.D.

Part Clerk

Kelly Armstrong

360 Adams Street

Brooklyn, New York 11201

Courtroom

541

Courtroom/Part Clerk Telephone

347-401-9233

Chambers Telephone

347-404-9636

Email

ksccvpart92@nycourts.gov

Updated

July 1, 2026

GENERAL INFORMATION/INQUIRIES

All inquires regarding adjournments and scheduling should be made to the part clerk at 347-401-9233 or ksccvpart92@nycourts.gov. Opposing counsel must be copied on all emails and correspondence. Ex parte communications are strictly prohibited. Do not call chambers to request an adjournment.

All emails from the court will be sent to the email service address of record for each party in the action/proceeding. It is the responsibility of counsel to ensure that this email address is accurate and up to date.

Inquiries regarding discovery conferences/motions should be directed to the Central Compliance Part (347-296-1626 or ksccvccp@nycourts.gov) or the Final Conference/NOI Part (347-401-9054 or ksccvnifc@nycourts.go).

An in-person oral argument is required on all motions except where the parties have resolved a motion on consent and uploaded a proposed order via NYSCEF at least two business days prior to the return date.

MOTION HEARINGS

Beginning July 9th, 2026, Part 92's weekly in-person motion calendar is heard every Thursday beginning at 10:30 AM in Courtroom 541 on the fifth floor. Attorneys must be present to check-in at 10:30 AM with the part clerk. If the moving party is not present after second calendar call, the court will deny the motion for failure to appear. This will apply to all attorneys regardless of whether they checked in on time at 10:30 AM or not. If needed, the court will continue to hear motions from 2:00 PM to 4:00 PM, but only for cases with attorneys who were checked in by second calendar call in the morning. Appearances must be made by attorneys with knowledge of the case and authority to enter into agreements on behalf of their clients. If the appearing attorney does indeed lack either knowledge of the case or authority to enter into agreements on behalf of the client, the court will rule on the information presented at the appearance and will not permit an adjournment in order for a party to substitute in a more knowledgeable attorney on a later date.

Motions that require additional argument, briefing, or submissions may be scheduled for a further virtual or in-person oral argument on a later date. Working/courtesy copies are not required for e-filed cases unless specifically requested. If Judge Levine has specifically requested parties to provide working/courtesy copies, please have them hand-delivered to the clerk in Courtroom 541 on the fifth floor.

Motions on the calendar may be withdrawn by filing a notice of withdrawal or stipulation. If a matter is settled, discontinued, or otherwise disposed of, the movant shall immediately notify the court by filing a letter on NYSCEF prior to the return date of the motion. A stipulation of discontinuance should follow as soon as practicable.

Pursuant to 22 NYCRR 202.27, the court has discretion in addressing a calendar default. All motions shall be denied for a movant’s failure to appear for argument on two consecutive scheduled dates.

Where there is oral argument on the record, the court requests that the parties order a copy of the transcript, split the cost, and provide a copy to the court at least one week before the next appearance.

Beginning May 6th, 2026, Part 92’s weekly virtual motion calendar is heard every Wednesday from 11:00 AM to 1:00 PM via the Part 92 Virtual Courtroom, accessible through the link here. Check-in for the virtual motion calendar will begin at 10:45 AM.

If counsel or parties are in agreement for the disposition of a motion(s), a so-ordered stipulation signed by all parties, uploaded to NYSCEF and emailed to Part 92's email will negate the requirement to appear in person.

ADJOURNMENTS

One adjournment is permitted as of right unless the party objecting to the adjournment shows that he will suffer immediate injury or harm. If a second adjournment request is contested after the first adjournment, counsel must appear in person and make an application to the court based on a showing of good cause.

No more than two adjournments will be permitted on any motion, regardless of whether the adjournment is sought by stipulation of the parties.

Applications for adjournments must be made be filed in writing on the case docket and be emailed to ksccvpart92@nycourts.gov at least two business days prior to the return date . For non-NYSCEF cases, the fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.

Failure to file such requests two business days prior to the return date will result in a rejection of the adjournment request.

ARTICLE 78 CASES

For any motion appearance in an Article 78 action, the relevant parties must send physical copies of their papers to chambers prior to the date of their motion hearing.

MOTIONS TO WITHDRAW AS COUNSEL

For any motion appearance where counsel has moved to withdraw, said moving counsel must provide the following materials to the court at the time of the appearance : (1) physical copies of the moving papers; (2) proof that the client whom counsel is seeking to withdraw from representing has notice of counsel’s motion; and (3) proof that counsel has notified the client of the date on which the motion is being heard .

Ideally, said client will be present at the motion hearing so that the court may ascertain whether they understand their options moving forward in their case.

MERCHANT CASH ADVANCE CASES

For any motion appearance in a merchant cash advance case, counsel must be fully familiar with the facts and prepared to provide, upon request, the following information: (1) the amount advanced to the merchant; (2) the amount repaid by the merchant; (3) the outstanding balance, excluding any default fees, liquidated damages, interest, and attorneys’ fees; and (4) the date of the alleged breach. Proof of service for all pleadings and motions must be filed on NYSCEF. At the time of the hearing , the court requires counsel for plaintiff to present to the court: (1) proof of service for the summons and complaint; and (2) proof that plaintiff attempted in good faith to apprise the defendant of the actual date for the motion hearing .

FORMS FOR MOTIONS

Short Form Order

Order Page 2

Consolidation Order

Joint Trial Order

Order Changing Venue

Default Judgment Order

SUMMARY JUDGMENT MOTIONS

Motions for summary judgment shall be made no later than 60 days after the filing of the note of issue pursuant to the Kings County Supreme Court Uniform Civil Term Rules.

EX PARTE APPLICATIONS/ORDERS TO SHOW CAUSE

Orders to show cause must comply with 22 NYCRR 202.7, 202.8-d, and 202.8-e. Proof of service must be filed on NYSCEF prior to the return date. For non-NYSCEF cases, proof of service shall be emailed to ksccvpart92@nycourts.gov or presented to the court on the return date.

Pursuant to 22 NYCRR 202.8-d, motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for a temporary restraining order), a stay is required, or a statute mandates so proceeding.

SUBPOENAS

Attorneys are reminded of their authority to issue subpoenas under applicable law. Subpoenas seeking documents from state agencies, departments, or bureaus must comply with CPLR 2307.

INFANT COMPROMISE ORDERS

Infant compromise petitions must comply with CPLR 1207, 1208, and 22 NYCRR 202.67. Counsel shall be notified of any deficiencies in the papers and, when appropriate, be given an opportunity to cure the deficiency or submit supplemental papers. The infant compromise hearing shall be scheduled upon receipt of all required papers. The hearing will be conducted virtually via Microsoft Teams unless otherwise indicated.

The proposed infant compromise order must include the full name and date of birth of the infant plaintiff and incorporate the following language: “Pursuant to 22 NYCRR 202.5 (e) (2), the Court finds good cause to permit the inclusion of the infant’s full name and date of birth in the compromise order.” Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to chambers. All submissions must include either a letter of tender stating the proposed settlement amount or a stipulation of the parties reflecting same. If the infant is fourteen years or older, an affidavit of consent from the infant must be provided.

TRIALS

Prior to the commencement of trial, counsel shall submit to the court marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended to be used at trial. All trial exhibits must be pre-marked for identification and, whenever possible, attorneys are encouraged to stipulate to the admissibility of documents and records.

Counsel must submit proposed jury charges and verdict sheets to the court in typed form prior to the commencement of trial. The proposed jury charges and verdict sheet should be emailed to chambers. Opposing counsel must be copied on the email.

Motions in limine shall be made as early as possible and at least three days prior to the commencement of trial. A written memorandum of law with citations to the pertinent statutory authority or case law is required. Please provide the most recent Appellate Division case law. Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.

Counsel must notify the court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.

Except as otherwise permitted by the CPLR, subpoenaed records for trial must be sent to the records room. Trial authorizations should be filled out accordingly. It is the responsibility of counsel to ensure that the subpoenaed records have arrived at the courthouse before trial.

Please provide business cards for the court and court reporter.

VIRTUAL COURTROOM

Virtual oral arguments will be conducted via Microsoft Teams. Parties may access the Part 92 Virtual Courtroom via the hyperlink below.

Join the Part 92 Virtual Courtroom.