Hon. Menachem Mirocznik — Part 26, FRP-5 Rules

Hon. Menachem Mirocznik

Part 26 & FRP-5 Rules

Principal Law Clerk

Andrew R. Schimler, Esq., aschimler@nycourts.gov

Secretary

Annesa Ali, aali@nycourts.gov

Part Clerk

Astrid Browne, abrowne@nycourts.gov

Courtroom

357, Phone No.: 347-296-1454

Chambers

Room 381, Phone No.: 347-296-1566, Fax No.: 212-266-9880

Part Email

KSCCVFRP5@nycourts.gov

Updated

September 12, 2025

General

Please advise chambers before a motion, trial or other appearance one week in advance, if an interpreter is required.

The court prefers communication via email to KSCCVFRP5@nycourts.gov.

Motions

All motion will be heard in person, on Wednesdays in Courtroom 357, unless the Court indicates otherwise. There are two calendar calls; first call is at 9:30 AM and second call is at 10:30 AM.

All motions require an in-person appearance; do not call chambers or the Part Clerk to confirm that you need to appear.

Movant must bring a hard copy of a Proposed Order on the motion return date (including Proposed Orders for e-filed cases). Proposed Orders must be received by end of day on the motion return date.

Parties are permitted to adjourn a motion twice on consent. After the second adjournment, the Court will only adjourn a motion for cause.

Motions can only be adjourned upon a stipulation signed by all parties. A copy of the stipulation to adjourn must be emailed to chambers and/or Part Clerk.

If the non-moving party does not appear, the motion will be granted on default.

Parties who have answered the calendar call may leave the courtroom if they check in with the Part Clerk and provide their cellphone number.

Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable. Motions without such order may be denied for failing to comply with this rule. Sample orders can be found at www.nycourts.gov/forms/foreclosure/index.shtml .

If the Court makes a ruling on a motion, the parties who appear are required to submit a short form order, unless indicated otherwise. Failure to submit a proposed short form order will result in the motion being re-calendared.

Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Part.

If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part.

The court will consider hearing motions via remote conferences, upon request.

Pro Se/Self-Represented Defendant

Lawyers are available during the motion calendar call and in the courthouse to provide limited legal counsel, free of charge.

For all litigants there is information on the court’s website regarding foreclosure litigation in New York State Courts.

Defendants may meet with housing counseling agencies. Information about volunteer attorneys and other resources can be found on the CourtHelp website. Defendants may retain Counsel prior to participating in any court hearings and/or mandatory settlement conferences. For information about volunteer agencies please see the attached document, Kings County Foreclosure Prevention Legal Services Contacts .

Any Stipulation of Settlement with a Pro Se/Self-represented Defendant must be “So Ordered” by the Court.

Trials

The Court will conference every case once it is assigned for trial.

At the initial conference, or soon thereafter, counsel must furnish the Court with marked pleadings and a copy of the Bill of Particulars.

Any potential evidentiary questions, procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention by motion in limine .

Prior to the trial, counsel shall inform the Court if there is a need for an interpreter.

Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial.

Attorneys must ensure that all subpoenaed records are in the Subpoenaed Record Room and must notify the Part Clerk of any requests for so ordered subpoenas.

Prior to trial, counsel shall provide the Court with a list of potential witnesses they intend to call at trial, including expert witnesses, and the date they intend to call each witness.

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

Requests to Charge and Verdict Sheets: Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted after a charging conference.

Subpoenas

All subpoenas must be approved by the Subpoena Records Room, located on the 6th Floor, after which the approved subpoena shall be dropped off in the courtroom 357, for signature.

Subpoenas will not be accepted electronically.