Hon. Keisha Alleyne — Part KA-76, 34 Rules

Hon. Keisha Alleyne

Guardianship Part KA-76 & IAS Part 34

Supreme Court - Kings County

360 Adams Street

Brooklyn, NY 11201

Courtroom Number

363

Courtroom Telephone No.

(347) 296-1170

Part Clerk

Douglas Mercier, dmercier@nycourts.gov

GUARDIANSHIP ONLY EMAIL KSCCVPARTKA-76@nycourts.gov

Principal Law Clerk

Shirley Caro, Esq., scaro@nycourts.gov

Chambers Telephone No.

(718) 500-4074

THE COURT WILL NOT ENTERTAIN EX-PARTE COMMUNICATIONS.

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.

Updated

November 18, 2025

Guardianship Part KA-76

PART RULES

All emails should be directed to KSCCVPARTKA-76@nycourts.gov

All parties should be copied on all emails to the Court.

All appearances will be virtual, via Microsoft Teams, unless specifically told otherwise.

If a party cannot appear virtually and requests an in-person appearance, email KSCCVPARTKA-76@nycourts.gov at least three (3) business days before the scheduled appearance with the request and a good cause reason why the proceeding cannot go forward virtually.

In some complex cases, the parties may be ordered to appear for an in-person proceeding. If such a directive is issued, the parties should be prepared to so appear.

The standard GUARDIANSHIP Part KA76 Microsoft Teams link information is as

follows:

Meeting ID: 253 085 398 681 Passcode: Y3Kf3SM2

All counsel must appear for all calendared matters unless told specifically that no appearance is required.

Applications for adjournment must be Made at least two (2) business days prior to the return date,

Approved by the Court before the return date.

Requests for Court Interpreter Services must be emailed to KSCCVPARTKA-76@nycourts.gov at least two (2) weeks before the appearance date.

Any application for TEMPORARY INJUNCTIVE RELIEF (“TRO”) must be made in compliance with 22 NYSCRR § 202.7(f). Notice to the party against whom the TRO is made must contain the date, place, and a one-hour period of time in which the application will be made. The party making the application for the TRO must appear during the noticed time, regardless of whether the application is being opposed.

The Court’s signature line must not appear on a page with no other writing.

PETITIONS TO APPOINT A GUARDIAN

All petitions to appoint a Guardian will be heard on Mondays; unless otherwise scheduled by the court. Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) at least three (3) business days prior to the return date.

Court Evaluator Reports shall be emailed to Principal Court Clerk ONLY scaro@nycourts.gov at least three (3) business days prior to the return date and subject line MUST READ Index number AIP name and COURT EVALUATOR REPORT

All responsive papers shall be filed with the Clerk’s office and emailed to KSCCVPARTKA-76@nycourts.gov at least three (3) business days prior to the return date.

Any cross-petitions shall be served on all parties and filed with the Court at least seven (7) days prior to the return date.

Affirmation of legal services shall be filed via NYSCEF (e-filed cases) or in the Guardianship Clerk’s Office (Room 285) within ten (10) days of the conclusion of hearing for which fees are being requested.

All Orders and Judgments shall be served by the Petitioner on all counsel, guardian(s), and court examiner within ten (10) days of the date of decision.

GUARDIANSHIP MOTIONS

Motions on Guardianship matters shall be returnable on Tuesdays at 9:30 a.m. , unless otherwise scheduled by the Court.

Movant must provide the Court with a valid email address. (Exceptions will be made for pro se litigants who do not own or have access to a computer or to an email account; see above regarding requesting an in-person appearance.)

All motions must be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least seven (7) days prior to the return date.

All responsive papers shall be filed at least three (3) days prior to the return date.

Affidavits of service for Orders to Show Cause shall be filed via NYSCEF (e-filed cases) or with the Guardianship Clerk’s office (Room 285) at least three (3) days prior to the return date.

Any request for attorney’s fees must be accompanied by a detailed affirmation of services with an itemized billing sheet, hourly rate(s), and total number of hours, and must be approved by the Court prior to any payment being made.

FINAL ACCOUNT

Final Accounts must be filed in the form of one consolidated accounting, from the date of the last judicially settled account, and may not be submitted in the form of multiple annual accounts.

All motions to settle Final Accounts must have the following attachments: A Referee’s Report (unless waived),

A proposed Order Settling the Final Account, and

The Affirmation(s) of Legal Services, if the moving attorney is requesting fees.

Guardians and/or attorneys responsible for preparing and filing a Discharge Order may not access any commissions or fees due him/her pursuant to the Order Settling the Final Account until the Discharge Order, in proper form and complying with all provisions of the Order Settling the Final Account, is filed with copies of canceled checks, receipts, and/or affidavits, is signed by the Court, and confirmed by Chambers.

COMPLIANCE CONFERENCES

Compliance conferences will be heard on Thursdays, unless otherwise scheduled by the court. Guardians who are directed to appear for a compliance conference in the appointing Order and Judgment and have complied by filing the oath/designation/bond and obtaining the Commission shall email KSCCVPARTKA-76@nycourts.gov to advise the Court of their compliance and subject line MUST READ Oath/designation/bond

compliance, Index number and name of AIP. Notification should be sent at least three (3) business days before the scheduled conference or as early as is feasible.

All other Guardians/parties who have received a compliance order shall appear on the referenced date and time.

RULES FOR VIRTUAL APPEARANCES

Ensure your microphone, audio, and video are all working ahead of your appearance time.

Video should be on at all times, unless permission is obtained to leave it off.

No virtual backgrounds are permitted. Blurred backgrounds are allowed.

To reduce background noise, leave your microphone on mute when not speaking.

Identify yourself when speaking for the first time and throughout the proceeding as necessary to ensure a clear record.

No recording of the proceedings is permitted, other than the official record. To ensure a clear record, speak more slowly than usual and be sure not to speak over someone else.

For cases with an interpreter please speak slowly and allow the interpreter an opportunity to translate the necessary information.

IAS Part 34

INQUIRIES

In the first instance, ALL inquiries on a pending case or calendar status shall, be made to the PART CLERK, Room 363, Telephone (347) 296-1170 . Chambers staff cannot provide guidance or advice to attorneys or litigants.

Telephone calls to Chambers are not permitted . Please email the judge’s Law Clerks and copy all attorneys and unrepresented litigants. The subject line of emails must state the index number and caption. Do not copy the judge on any emails to the Court .

The Court shall not be copied on emails between attorneys or parties unless there is a judicial purpose to include the Court.

Communication not complying with these rules will be disregarded.

E-FILING REQUIREMENTS

All cases shall be converted to e-filing. Motions will be adjourned if a case is not e-filed.

COURTESY COPIES OF E-FILED MOTIONS ARE NOT REQUIRED.

FORMAT All e-filed documents must have a page number, including expert affirmations/affidavits.

All electronic documents must be text-searchable, in PDF (portable document format) while maintaining the original document formatting.

HYPERLINKS Hyperlinks are mandatory. Accordingly, hyperlinks are required for (i.) documents previously filed on NYSCEF, (ii.) attachments and exhibits cited in legal memoranda, attorney affirmations, expert affirmations/affidavits, and (iii.) cases, statutes, articles, etc. A hyperlink to a cited authority does not replace standard citation format.

ADJOURNMENTS

All attorneys and unrepresented litigants shall be notified of all adjournment requests before said application to the Court.

Motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion. Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Any subsequent adjournment shall be by personal application. If the request is based on counsel’s engagement on another matter, an Affirmation of Engagement, in conformity with 22 NYCRR 125.1, must accompany the request.

Adjournments will not be granted without the approval of the Court. Attendance is required if no response is received.

Conferences

Except in an emergency, applications to adjourn conferences SHALL be made by email and received by Chambers at least five (5) business days before the conference date. The application shall state the reason for the request. If the parties would like a specific date, they MUST include the proposed dates in the original email.

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). Please contact those parts directly .

Motions

Applications to adjourn motions SHALL be made by e-filing a Stipulation of Adjournment accompanied by a briefing schedule. If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF. The Court will adjourn the motion to the Oral Argument Calendar if all papers are submitted or to the Motion Calendar if papers are outstanding.

Motions on the Oral Argument Calendar will NOT be adjourned except upon good cause shown to the Court.

CALENDARS

General Motion Calendars

Motions will be heard every Wednesday (except holidays) in Courtroom 363, at 360 Adams Street, Brooklyn, New York. The first call of the calendar is at 9:30 A.M. The second call of the calendar is at 10:30 A.M. Attorneys MUST be present at the call of the calendar.

Attorneys shall inform the Court if a motion will be withdrawn or is unopposed at least five (5) business days before the return date. A proposed order shall accompany an unopposed motion .

MOTION PAPERS/PROPOSED ORDERS/STIPULATIONS

A motion for summary judgment shall be made no later than sixty (60) days after filing the Note of Issue. Stipulations to extend the time to file a summary judgment motion WILL NOT be accepted by the Court. All requests for time extensions must be made within the summary judgment motion.

For filed summary judgment motions, a Stipulation of Adjournment shall be e-filed only and must contain a briefing schedule. Emailed stipulations will not be considered. Statement of Material Facts are required.

Unredacted expert affirmations/affidavits must be emailed to Chambers upon filing of motion papers.

No sur-reply affidavit, affirmation, or letter will be accepted or considered without leave of Court.

Parties are encouraged to resolve motions and to present proposed orders for signature. Proposed short-form orders submitted to the Court for signature SHALL be legible with no words crossed out. Failure to comply with the requirements of this section may result in the rejection of the submission.

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately inform the Court by letter directed to Chambers and e-file a stipulation.

Partial stipulations of discontinuance shall include an amended caption. Stipulations of discontinuance must be signed by all parties. Otherwise, a motion shall be filed. Any stipulation must be signed by all parties. Otherwise, a motion shall be filed. Once the stipulation is signed by all parties, e-file it. E-mails of stipulations will not be accepted. Courtesy copies of e-filed stipulations are unnecessary.

If a party is deceased, please immediately inform the Court by uploading a letter to NYSCEF accompanied by the death certificate.

APPEARANCES

Attorneys must make appearances with knowledge of the case and 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 a conference or hearing, or a motion marked off if the movant fails to appear on the return date.

Similarly, a motion, if appropriately supported, will likely be granted upon the failure of the non-moving party to appear. The Part Clerk will mark the motion “SUBMITTED,” and the movant will submit a proposed order to the Part Clerk.

Counsel is 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.

TRIALS

All parties shall be present by 9:30 A.M. unless otherwise scheduled with 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, and any interpreters needed.

Motions in Limine

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.

Depositions

A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination), you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.

Proposed Jury Charges and Verdict Sheets

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at scaro@nycourts.gov as a Microsoft Word document by the close of the pre-trial conference.

SUMMARY JURY TRIALS

If needed, the Court will hold evidentiary hearings on the morning of Jury Selection.

All proposed jury charges and proposed verdict sheets shall be emailed to the Court at scaro@nycourts.gov as a Microsoft Word document by 9:30A.M. on the morning of Jury Selection.