Hon. Patria Frias-Colón — Part 80, MMESP-6 Rules

Hon. Patria Frias-Colón: Part 80 & MMESP-6 Rules

Communications not complying with these rules will be disregarded.

Supreme Court, Civil Term

Part 80 & MMESP-6

360 Adams Street, Courtroom 441

Brooklyn, NY 11201

Title Name Email

Principal Law Clerk Kyle Smith, Esq. kysmith@nycourts.gov

Assistant Law Clerk Victoria Cruz-De Jesus vcdejesus@nycourts.gov

Part Clerk Raymond Ortega

Updated

August 18, 2026

Inquires:

The Court will not entertain any ex-parte communications and Chambers staff cannot provide advice to attorneys or litigants.

Telephone calls to Chambers

generally not permitted:

Please email Principal Law Clerk Kyle Smith at kysmith@nycourts.gov and Assistant Law Clerk Victoria Cruz-De Jesus at vcdejesus@nycourts.gov. In the subject line of the email, please write in capital letters the word “INQUIRY” followed by the “INDEX NUMBER” of the case, followed by Plaintiff/Petitioner’s last name, followed by first Defendant/Respondent’s last name in the caption, i.e., “INQUIRY: INDEX xxxx/yyyy PLAINTIFF (last name) v. DEFENDANT (last name)”. Except for trial matter inquiries, please also include in the body of your email: the court part, calendar number and last or future date of the case.

This email must be copied to all parties in the action or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) please include the reason for the exclusion in the email. In the body of your email please include the full caption with current names and contact information for each party.

Parts 80 & MMESP-6 Motions and Argument:

Motions will be heard every Tuesday, unless otherwise indicated, in Courtroom 441 at 360 Adams Street, Brooklyn, New York. The first call of the calendar will take place at 9:30 A.M. and the second call of the calendar will take place at 10:30 A.M. Unless otherwise indicated, all Motions require an appearance—either in person, virtual via Microsoft Teams or Hybrid (where one party appears in person and another party appears virtually). Movant’s failure to appear on the return date may result in DENIAL of their Motion.

To be ready for the Court to hear argument on all motions, they must be fully briefed seven (7) days prior to the return date, including Reply Papers (if any). Emergency Applications by Order to Show Cause are Exempt from this requirement.

Access Microsoft Teams.

NOTE: all discovery matters on the Part 80 calendar shall continue to be heard by the Central Compliance Part (CCP) and all discovery matters on the MMESP-6 calendar shall be heard by the MMESP-6 Part.

Maimonides/MMESP-6 Conference Calendars

Preliminary Conference (“PC”) and Compliance Conference (“CC”) Orders shall be resolved on consent and then E-filed for the Court’s approval. The proposed PC and CC Orders shall be E-filed at least one day before the scheduled return date.

All parties that cannot submit a proposed Consent Order shall request a conference via email and wait to be notified by the Court.

No party shall file a Note of Issue before the Note of Issue conference is held and without prior Court approval. NOTE : regarding the Note of Issue on cases from the Part 80 calendar, requests to extend the Note of Issue on those matters must be made to the Note of Issue-Final Conference Part (NIFCP).

Conferences are virtual, unless indicated otherwise by the Court.

View the MMESP-6 Preliminary Conference Order Template

View the MMESP-6 Compliance Conference Order Template

Filing of Papers:

All Motions must be filed electronically through the New York State Court Electronic Filling system (NYSCEF) and if not E-filed, must be converted to E-filing if possible. Additional information regarding E-filing, including NYSCEF registration and tutorials, can be found on the Unified Court System (UCS) website. The Court does not require courtesy copies of motion papers submitted via NYSCEF.

Regarding summary judgment motions (SJM): must be filed within sixty (60) days from filing the Note of Issue. Stipulations to extend the time to file a SJM are not permitted without leave of Court. All requests to extend the time to file a SJM must be made within 60 days from filing the Note of Issue.

Non-E-filed Motions:

In the rare instance where the case does not participate in NYSCEF, Motions must be mailed to the Motion Support Office at 360 Adams Street, Room 227, NOT to Chambers. Under all circumstances, unless otherwise stipulated or Ordered, Motion papers, Answering Affidavits and Reply Affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order. Supplemental briefs will be accepted upon express prior permission of the Court.

Calendaring of Motions:

Upon receipt of a Motion, it will be added to the Court’s appropriate Motion Calendar and its return date may not be on the return date specified in the Notice of Motion.

Adjournments on Consent:

The parties may request an adjournment by written stipulation that must be filed via NYSCEF (or with the Kings County Clerk’s office if not E-filed) no less than five (5) business days before the Motion Calendar Date. The Stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason for the exclusion must be stated in the stipulation. A courtesy copy of the stipulation must be emailed to the Court by emailing kysmith@nycourts.gov and vcdejesus@nycourts.gov and copying all adversaries. In addition to including the calendar date and number currently scheduled , the requested adjournment must be within six (6) weeks from the return date, which date may have to be changed by the Court.

NOTE: the Court will generally grant the first adjournment request, especially if it is on consent of the parties. However, any subsequent adjournment requests, even if on consent of the parties, shall be considered upon good cause as to why a subsequent adjournment is needed.

Contested Adjournments:

An oral application to adjourn a motion may be made before the Court on the return date of the motion.

Applications to be Relieved as Counsel:

All applications to be relieved as counsel are to be heard on the return date with proof of service of the application. Counsel must notify their client(s) and opposing counsel of said appearance as directed by the Court and E-filed.

Default Motions:

Unless otherwise indicated, Default Motions are to be heard on the return date and are not taken on submission. Motions may be decided on default if there is a failure to: file opposing papers and/or appear for oral argument, submit a consent Order, or obtain an adjournment. Movant’s failure to appear may result in DENIAL of the default motion.

Orders:

At the conclusion of oral argument, the Court may direct appropriate party to draft a proposed Order in Microsoft Word format. If so, please DO NOT uploading said draft proposed Orders via NYSCEF, instead please email draft proposed Orders to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov. The email subject line MUST include case name, Index number, calendar and MS numbers. All parties must be copied on said email or indicate that no other party has appeared in the action. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason for the exclusion must be stated in the Order. Said draft proposed Orders shall include: the Index number, the NYSCEF document number, calendar date and number, MS number, and where an Order is issued on consent or without opposition, indicate that as well.

Sample Orders:

Short Form Order

Consolidation Order

Joint Trial Order

Order Changing Venue

Default Judgment Order

Withdrawals/Resolutions of Motions:

Any party wishing to withdraw a Motion must notify the Court by filing a notice of withdrawal via NYSCEF and emailing a courtesy copy to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov at least five (5) business days before the Motion calendar date or as soon as such resolution is reached, whichever is sooner.

If, prior to the return date, the parties have resolved a Motion by Stipulation, in full or in part, said Stipulation must be filed via NYSCEF and emailed to Chambers immediately upon said resolution to kysmith@nycourts.gov and vcdejesus@nycourts.gov. The Stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion is to be stated in the Stipulation.

If matter is not E-filed, said Stipulation must be filed with the Kings County Clerk’s office within five (5) business days of its execution and also emailed to Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov.

Subpoenas:

All subpoenas shall be approved by the subpoenaed records room located on the 6th floor. Only upon such approval shall subpoenas be E-filed via NYSCEF.

Infant Compromise and Wrongful Death Proceedings:

Such Petitions and related supplemental submissions must be E-filed via NYSCEF, together with a Stipulation of Discontinuance. Hearings will be scheduled after submission of all required documents.

Such Petitions 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 in appearances. The Affirmation must include a detailed description of the incident and all liability issues. Further, the submission shall include the infant’s medical reports, a Physician Affirmation, a Settlement Letter, an Incident Report (i.e., police report, school accident report, etc.) and an Affirmation of no liens. If any portion of the settlement is structured, the cost of the annuity must be stated in the papers. An Affidavit of Consent Form from an infant fourteen (14) years or older must be included in the Petition and filed with the Court.

If a Compromise Order was previously signed in the action, such Order must be attached as an exhibit. 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 and EBT Rules:

Upon assignment of a trial before Justice Frias-Colón, attorneys must provide the following documents via email:

Exhibits: Attorneys must pre-mark all exhibits in the order they are to be introduced at trial. All parties shall provide the Court and all counsel a list of their respective exhibits in numerical order from Plaintiff(s), and in alphabetical order from Defendant(s).

Witness list: Attorneys shall exchange and provide the Court with their witness lists, with the names in order of their anticipated appearances.

Requests to Charge and Verdict Sheets: Attorneys shall email Chambers to kysmith@nycourts.gov and vcdejesus@nycourts.gov their respective requests to charge and verdict sheets as soon as the case is assigned to Justice Frias-Colón.

Scheduling: Assigned trials will be scheduled directly through Chambers. Generally, trials will not be conducted on Tuesdays when the Court is scheduled for Motion Part 80 and MMESP-6 calendar. However, if necessary, the Court may be able to accommodate continuation of trial for Tuesday afternoon.

EBT Rulings

Requests on EBT rulings shall be made to Chambers via email with opposing counsel copied on said email.