Hon. Aija Tingling — Part 28 Rules

UPDATED PART 28 Rules: Matrimonial Division

Hon. Aija Tingling

60 Centre Street, Courtroom 543

New York, New York 10007

PrincipalLawClerk

Christina Llewellyn,Esq. PartClerk:Candice Wilson

Email

cllewell@nycourts.gov Email:SFC-Part28-Clerk@nycourts.gov

Assistant Law Clerk

William Mogtader, Esq. Courtroomtelephone:(646)386-4372

Email

wmogtader@nycourts.gov Chamberstelephone:(646)386-3720

All court appearances are IN-PERSON unless otherwise directed by

the Court.

ADJOURNMENTS

Requests for adjournments require court approval. Applications must be made jointly by

contacting Chambers (both law clerks and the Part clerk)via email at least (2) two days prior

to the scheduled appearance, with proposed dates and where applicable, counsel must submit an

affidavit of actual engagement.

IMPORTANT NOTE: Chambers does NOT receive notice when documents are uploaded to

NYSCEF, you MUST simultaneously send a courtesy copy of your letter/affidavit/stipulation

to so-order,to chambers.

CONFERENCES

Preliminary Conference: WEDNESDAYS

• PCs shall be held on the first appearance or return date of the first motion, unless

otherwise directed by the court.

• At least (2) twodays prior to the PC, counsel must upload to NYSCEF, the following

documents:

▪ Statement of Net Worth

▪ Where applicable a child support worksheet and proposed parenting plan

▪ Completed and signed Matrimonial PC Order (updated 3/1/26)

• If the parties cannot agree on the terms in the PC Order, parties are directed to bring a

hard copy of proposed PC Orders.

• Pendente Lite issues may be addressed and resolved at the PC Conference, only with an

accompanying motion.

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Compliance and Status Conferences: TUESDAYS & THURSDAYS

• All CC and SC shall be scheduled for a time certain.

• If there is asubstantial dispute or longstanding issue regarding discovery items, counsel

mustcomplete a Discovery Log, which can be found on the Part’s page, and submit a

copy to opposing counsel and upload acopy to NYSCEF at least (2) days prior to the

conference. Any outstanding discovery issues will be discussed and resolved to the

extent possible at the conference.

• If there is nosubstantial dispute on the outstanding discovery, counsel shall provide a

completed and signed compliance conference order at the conference.

Settlement Conferences

• Settlement conferences shall be scheduled by the court on a case-by-case basis ONLY

where the parties are seriously ready and willing to resolve their issues.

• At least (2) two days prior to the conferences, each party shall email to the court

attorney a Proposed Settlement Agreement, updated Statement of Net Worth, a list of all

marital property and proposed distribution, and a short statement no more than 2 pages

setting forth the rationale for their position.

Final/Note of Issue Conference

• At a final discovery conference, the parties shall certify that all discovery is complete, to

avoid post note motions.

MOTIONS ARE BY ORDER TO SHOW CAUSE ONLY

Motion Calendar:MONDAYS, TUESDAYS & THURSDAYS

* All motions shall be made by Order to Show Causeand shall require oral argument. Failure

to do so may result in denial of the motion.

* If you are seeking a temporary order of protection, you mustcomplete the

information/pedigree sheet and attach it to your OSC. A blank copy is located on the website.

* Motions regarding custody and/or visitation, shall be filed separately from motions regarding

financial issues.

* Any motion entitled “emergency” order to show cause, must be accompanied with an

affirmation or affidavit of emergency pursuant to 22 NYCRR §202.7(f) and the CPLR or the

motion maybedeclinedto sign.

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* If the motion is signed, the court may or may not set a briefing schedule. If no briefing

schedule is set, appear on the return date to discuss the motion. If a briefing schedule is set,

failure to comply with the briefing schedule, absent a court approval shall result in any untimely

papers being rejected by the court.

* Sur-Replies will not be accepted by the court without prior approval *

* All motions shall include the sequence number on the first page.

* Exclusive of the table of contents, affidavits, affirmations and memoranda of law shall not

exceed 25 pages, double spaced.

*Table of contents should include a list of each exhibit attached to the motion and for non-

NYSCEF cases, marked by tab.

* Do not include CD’s, DVD’s flash drives or any other electronic device as part of a motion.

• Motions seeking financial relief, filed afterthe preliminary conference, must include an

updated Statement of Net Worth.

NOTE OF ISSUE, PRE-TRIAL AND TRIAL

• Once the Note of Issue is filed after certifying that all discovery is complete, the court

will schedule a pre-trial/final settlement conference.

• Trial rules and conduct will be set forth in a pre-trial orderto beissued after a pre-

trial/settlement conference.

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