Hon. Andrea Masley — Part 48 Rules

COMMERCIAL DIVISION PART 48 PROCEDURES1

Last updated: September 2026

Justice Andrea Masley (she/her)

Supreme Court of the State of New York

County of New York, Commercial Division Part 48

60 Centre Street, Courtroom 242, New York, NY 1007

Commercial Division Support Office, Room 119A

https://www.nycourts.gov/courts/comdiv/ny/newyork.shtml

Part 48 Part Clerk Telephone: (646) 386-3265

Part 48 Law Clerk Telephone: (646) 386-4381

Part 48 Email: sfc-part48@nycourts.gov

Commercial Division Support Office: (646) 386-3020

After-Hours Emergency Applications: (800) 430-8457/emergency@nycourts.gov

Part Clerk: Lauren Guerrera (she/her) Principal Law Clerk: Pilar Pereyra, Esq. (she/her)

sfc-part48-clerk@nycourts.gov sfc-part48@nycourts.gov

Law Clerk: Anna-Mariia Tuz (she/her) Law Clerk: Jonathan Wellers (he/him)

sfc-part48@nycourts.gov s f c - p a r t 4 8 @ n y c o u r t s . g o v

Introduction

All matters before Part 48 are governed by the Rules of the Commercial Division

(22 NYCRR 202.70), except as supplemented, modified, and/or superseded by the Part

48 Procedures (Procedures). The purpose of the Procedures is to answer your

questions, keep the case moving, and eliminate inefficiencies. The court presumes that

all parties have read the Rules of the Commercial Division. Part 48 is a paperless, e-

filling part.

Requests to Observe Virtual Proceedings

Members of the public and press may fill out a Virtual Appearance View Request

form online no later than 48 hours before the appearance to request links to virtual

proceedings. Observers must turn off their microphones and cameras and may not

1 For trial and hearing procedures, see Part 48 Trial Procedures.

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record proceedings. Screenshots of any proceedings are not permitted without a prior

court order.

Language Interpreters and Accessibility Accommodations2

If any individual appearing in Part 48 requires a language interpreter, hearing

devices, or accessibility accommodations, the party or counsel shall notify Part 48, by

email pursuant to § 2(A), as soon as possible before the appearance and indicate

precisely for which language (including, where applicable, regional distinctions) an

interpreter is needed and/or what accessibility accommodation(s) are sought. If

insufficient notice is given for any accommodation, the court may be compelled to

cancel a proceeding.

e-Track

eTrack is a case tracking service that enables parties to track active Civil Supreme

Court cases and receive notice of scheduled appearances. Parties and/or their counsel

must be registered for the eTrack service for all Part 48 cases and regularly check

eTrack.3

Unrepresented Litigants

The court greatly appreciates notice that an unrepresented litigant will appear

before Part 48. Unrepresented litigants are instructed to contact the Part Clerk by

emailing sfc-part48-clerk@nycourts.gov to determine the method of appearance, and if

virtual, receive a Microsoft Teams link. Unrepresented litigants shall register as

participating parties on the New York State Courts Electronic Filing system (NYCSEF).

Screenshots of any proceedings are not permitted without a prior court order.

Contacting Part 48, Adjournments, and General Matters

1. Mandatory E-Filing: All submissions to Part 48 shall be filed electronically in

NYSCEF; please contact the NYSCEF Resource Center for assistance.4

2. Communications, Deliveries, and Scheduling:

(A) Contacting Part 48: Please refrain from calling Chambers. All communication

with Part 48 shall be sent by email, copying all counsel, to both Part 48 (sfc-

part48@nycourts.gov) and the Part Clerk (sfc-part48-clerk@nycourts.gov).

2 More information about accessibility accommodations is available at

https://ww2.nycourts.gov/Accessibility/index.shtml.

3 To register or log-in, please visit: http://iapps.courts.state.ny.us/webcivil/etrackLogin.

4 For assistance with e-filing, the NYSCEF Resource Center is available by telephone at (646)

386-3033, fax at (212) 401-9146, and email at efile@nycourts.gov from 8:00 a.m. to 5:00 p.m.

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(B) Attorney appearances: To appear in Part 48, every attorney shall file a notice

of appearance and register on NYSCEF.

(C) Documents submitted to be so-ordered: All documents submitted with a

request to be so-ordered shall be filed to NYSCEF and sent by email, copying all

counsel, to sfc-part48@nycourts.gov.

(D) No improper ex parte contact: Always copy/include all counsel (no matter

what method of communication) unless expressly directed otherwise by the court.

(E) Motion/conference days: Arguments and conferences are conducted from

Monday to Friday, as scheduled, during normal courthouse hours; there are no

dedicated “motion days.”

(F) NYSCEF Calendar Public Remarks: A glossary, located at the end of this

document, is provided to explain comments you see on appearance notices.

(G) Fair Speech and Civility: Fair speech shall be employed, and counsel shall

adhere to the Standards of Civility, in all appearances before, submissions to, and

correspondence with Part 48.5

(i) If a change occurs in the case, the parties shall notify the court

immediately. For example, if a motion to dismiss is pending decision and plaintiff files

a new complaint, plaintiff shall notify the court immediately of the superseding

complaint which moots the motion to dismiss. If plaintiff fails to do so, then defendant

shall notify the court immediately. Likewise, should the parties reach a settlement,

they shall notify the court without delay.

3. General Adjournments:

(A) Appearances in Part 48: Stipulations to request adjournment6 of appearances

shall be e-filed and emailed in accordance with § 2(A); absent consent, send a brief

statement (500 words or less). Any new dates must be confirmed by the Part Clerk.

(B) Appearances in the Motion Submission Part: Requests to adjourn

appearances in the Motion Submission Part shall be directed to the Motion Submission

Part, Room 130, unless the original return date has been adjourned three or more

times and/or for more than 60 days; then the parties shall submit a stipulation in

accordance with § 2(B). (See Uniform Rules for Trial Cts [22 NYCRR] § 202.8[e][1].)

4. Letters: Part 48 does not accept (1) requests for any type of relief more

5 Fair Speech Brochure

6 To request trial-related adjournments, see Part 48 Trial Procedures.

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appropriately requested during conferences or in motions, or (2) Commercial Division

Rule 24 letters. However, the following letters are pre-authorized and shall be e-filed

and sent pursuant to § 2(A).

(A) Pre-conference letters: The parties shall submit a letter identifying discovery

or other issue(s) 72 hours prior to the conference. Letters shall be no more than 1,500

words. No exhibits or attachments may be included unless requested by the court.

(B) Commercial Division Rule 18 letters are permitted as modified: Rule 18 letters

may only identify, with full/complete citations, any relevant post-submission decisions.

No substantive arguments are allowed in Rule 18 letters; however, the parties may

request an opportunity to file post-submission briefs. Attach a copy of the decision if it

is not publicly available.

Motions and Applications

5. General:

(A) Motion paper deadlines: The deadline for filing motion papers is

presumptively 11:59 p.m. on the date due.

(B) Court deadlines: Court deadlines, including discovery deadlines, are

presumptively by 5:00 p.m. and within 10 days of a court order if not specified therein.

(C) Counsel’s affirmations: Counsel’s affirmations containing legal arguments

or citation to authority are not permitted. (See Uniform Rules for Trial Cts [22 NYCRR] §

202.8[c].)

(D) Unpublished opinions: A copy of any unpublished opinion cited in a party’s

motion papers, such as an opinion printed in the New York Law Journal, or that is

otherwise not available on Westlaw or Lexis, must be filed as a separate document

with the party’s motion papers.

6. Formatting: All motions shall be filed to NYSCEF under the applicable index

number(s) and motion sequence number(s). Further, every motion or other

application, whether brought by order to show cause or notice of motion, shall include

a memorandum of law. Memoranda and affidavits shall be formatted with a standard

12-point font, double-spaced, with one-inch margins on all sides, and left-justified;

footnotes shall be single-spaced with 12-point font.

(A) NYSCEF citations: All citations to NYSCEF record/docket in all motion papers

require NYSCEF Document Numbers with a descriptive label and NYSCEF page number

and, where possible, hyperlinks to the actual NYSCEF document (e.g., NYSCEF 1,

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Complaint at 1).7 To avoid any deadline timing issues, parties may file their briefs

without NYSCEF numbers, and then re-file the briefs under the document category of

“Memorandum of Law (W/NYSCEF Doc. #s)” to permit the parties to go back and fill in

the NYSCEF numbers identifying documents that were not filed prior to the briefs.

Each brief filed under the category “Memorandum of Law (W/NYSCEF Doc. #s)” shall

include a label stating whether the brief is submitted in support, opposition, or reply.

(B) E-filed documents: Parties shall clearly label/describe with specificity all

documents in NYSCEF making them searchable. Describing a document as “Exhibit #_”

or “Exhibit #_ to [Person’s] Affidavit” is useless. Every document shall have a

description that identifies exactly what it is: if “Exhibit 1” is a transcript, for example,

label the document “Tr of [Person’s] 6/21/18 Dep”; if it is an allonge to a loan

document, label it “[1/2/92 Allonge to 8/9/90 Loan].”

(C) Index number and motion sequence numbers: Index number and motion

sequence number, if known, should be included on the first page of every document filed in

connection with a motion.

(D) Exhibits: Exhibits to all motions should be identified with numbers, not

letters, regardless of which party or nonparty files the document; for example, use

“Exhibit 27” as opposed to “Exhibit AA.” In all memoranda of law, however, exhibits

shall be cited using the applicable NYSCEF Document Numbers. Parties may opt out of

hyperlinking. DO NOT CITE TO EXHIBIT NUMBERS OR LETTERS LISTED IN AFFIDAVITS

OR AFFIRMATIONS. THEY ARE USELESS. ONLY USE NYSCEF DOCUMENT NUMBERS.

(E) Word limits: All memoranda are limited pursuant to Rules of the Commercial

Division. Requests to extend word-count limits shall include a brief statement (500

words or less) of the request and shall be emailed pursuant to § 2(A) at least five

business days prior to the filing deadline.

(F) Deposition transcripts: The court prefers that all deposition transcripts be

submitted in their entirety, highlighting the relevant cited portion. However, a party

may e-file only a portion of a transcript in connection with a motion, and the party shall

also email the transcript in its entirety pursuant to § 2(A). Parties shall designate

relevant portions using pages and line numbers in their motion papers.

7 NYSCEF numbers, labels, page number, paragraph or section number will not be counted

toward the memoranda word limit. The court will deduct four words for each citation. For

example, if a memorandum includes six citations to NYSCEF, the court will deduct 24 words.

To benefit from this procedure, parties must use the term “NYSCEF” followed by a document

number and a two-word label e.g., Smith Depo, Defendants’ MOL, or Smith’s aff.

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(G) Placeholders: Do not use placeholders instead of exhibits. Parties shall make

a motion to seal or redact instead. If a document cannot be filed to NYSCEF (i.e., audio

recording), please contact the court.

7. Motions in the Motion Submission Part (Room 130)8: Parties shall contact Part 48

within a reasonable time after a motion is fully submitted in Motion Submission Part, Room

130, to alert Part 48 that an argument needs to be scheduled.

8. Attorneys and Pro Hac Vice Applications:

(A) Pro hac vice applications (by agreement or not): All motions for admission pro

hac vice shall be made by order to show cause and must be accompanied by: a recent

certificate of the applicant’s good standing in each state where admitted; and an

affirmation of the applicant disclosing how many times, if any, the applicant has been

admitted pro hac vice in New York or any other jurisdiction, whether the applicant’s pro

hac vice admission in any jurisdiction was ever vacated, and whether the applicant is or

ever was subject to a disciplinary proceeding in any jurisdiction.9 If the parties consent

to the request for pro hac vice admission, an ex parte application may be filed by order

to show cause in the Commercial Division Office, including the above materials as well

as a stipulation reflecting the parties’ agreement. Only the Sponsoring New York State

Attorney may e-file documents to NYSCEF; counsel admitted pro hac vice are

prohibited from e-filing unless/until they file proof of completion of a New York

State/NYSCEF E-Filing CLE course. However, counsel admitted pro hac vice should be

registered as an attorney for the party on NYSCEF. Additionally, New York counsel shall

be present at every appearance in Part 48, regardless of whether out-of-state counsel

will appear.

(B) ANY AND ALL attorneys shall inform the court within 48 hours of any

suspensions or public ethics proceedings in any jurisdiction.

(C) Motions to withdraw as counsel shall be made by order to show cause.

9. Orders to Show Cause: Part 48 requires prior notice to all counsel of all orders to

show cause. Movant shall email sfc-part48@nycourts.gov immediately after the order

to show cause is filed, regardless of whether a TRO is sought. Parties shall not deliver

hard copies to Part 48 unless directed by the court. If a TRO is sought, the court will

email the parties with instructions on how to proceed and whether the court will hear

argument on the TRO. All cross-motions to orders to show cause shall be made by a

new proposed order to show cause bearing a different motion sequence number

8 More information on Room 130 Rules can be found at NY Co EF Protocol .

9 The Part 48 Pro Hac Vice Proposed Order Form is available with Justice Masley’s materials at

Part 48 Pro Hac Vice Order.

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requesting to join the earlier order to show cause on the date given for argument if the

court has already signed the initial order to show cause.

(A) Service: Service of an order to show cause, regardless of what method of

service of the order to show cause is provided for in the order to show cause, is not a

substitute for service of process consistent with the CPLR and does not obviate a party’s

obligations to properly serve, under the CPLR and other applicable law, an adverse party for

the purposes of jurisdiction.

(B) Scheduling conflicts: Counsel should advise the court within 48 hours of

receipt of the order to show cause of any objectionable dates.

10. Dispositive Motions:

(A) Summary judgment motions: Summary judgment motions shall be initiated

within 120 days of the deadline to file the note of issue unless the court directs

otherwise.10 A party that intends to file a summary judgment motion shall, within 20 days

after the filing of the note of issue e-file and email to the court a list of material issues no more

than 3 pages. A response is due within 5 days unless the responding party or parties also filed

a list of material issues. A pre-motion conference will be scheduled thereafter. Summary

judgment motions may not be filed prior to a pre-motion conference. The return date for the

summary judgment motions must be set at no later than 60 days after filing. (See Uniform

Rules for Trial Cts [22 NYCRR] § 202.8[e][1].) All summary motions shall be separately filed and

bear their own sequence number. Cross-motions to motions for summary judgment must also

be filed within 120 days of the filing of the note of issue. They are otherwise waived and not

permitted.

(B) Joint Statement of Material Facts are favored: Before filing summary judgment

motions, the parties shall meet and confer to discuss the matters at issue on the motion and

may prepare and file one joint statement of material facts no more than 10 pages. The joint

statement shall be supported by pinpoint citation(s) to the corresponding NYSCEF Document

Numbers of any submissions upon which the party relies. Joint statements may be cited in a

party’s memorandum of law or other motion papers. If the parties cannot agree on a joint

statement, competing Rule 19-a statement of facts are strictly prohibited. If a party violates

this rule, opposing counsel SHALL NOT file a responsive statement of facts but rather should e-

file and email the court a letter noting the rule violation and requesting that the statement not

10 Cases that have Preliminary Conference Orders pre-dating this procedure change are bound

by the dates in the Preliminary Conference Orders. However, the parties may submit a

stipulation amending the Preliminary Conference Order dates to take advantage of the

procedure change to which parties shall be bound.

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be considered as part of the record on the motion. No party shall argue that a summary

judgment motion should be denied for the failure to negotiate and file a joint statement of

facts. Nor is any party precluded from filing a pre-note-of-issue partial summary judgment

motion if they in good faith believe that negotiating a joint statement would be futile or that

doing so will cause a prejudicial delay in filing their motion. CPLR 3213 motions do not require

a joint statement and competing Rule 19-a statements are not to be submitted.

11. Oral Argument:

(A) Expanded opportunities for speaking roles: The court is aware that in this

century very few cases go to trial and, as a result, there are fewer speaking

opportunities in court, particularly for less experienced lawyers (i.e., lawyers practicing

for less than five years) and lawyers of different cultures, experiences, and languages.

The court strongly encourages litigants to be mindful of opportunities for those lawyers

to conduct proceedings before the court, particularly where such members of the legal

team drafted or significantly contributed to the underlying matter (i.e., the motion

papers for oral argument; witness preparation for a hearing).

(B) Appearances presumptively virtual: All appearances are presumptively virtual

using Microsoft Teams unless otherwise indicated. Parties, of course, are welcome to

appear in person and should copy all counsel and email sfc-part48@nycourts.gov no

later than 10 days before the proceeding to request an in-person proceeding.11 For

virtual appearances, the court will supply a Microsoft Teams link using the email

addresses registered in NYSCEF. Parties may share the Microsoft Teams link with

clients and attorneys in related actions. Participants should download the Microsoft

Teams application and test it beforehand. Microsoft Teams links are typically

distributed the Friday before the appearance. Please email sfc-part48@nycourts.gov

and sfc-part48-clerk@nycourts.gov or call Part Clerk on the appearance date if you

have not received a Microsoft Teams link.

(C) Demonstratives: Demonstratives shall be shared with all counsel at least 24

hours prior to the appearance and e-filed on NYSCEF.

12. Discovery Motions: All discovery motions shall be brought by order to show

cause. Rule 24 letters are not permitted. A pre-motion conference is not required.

13. Amending a Pleading: Motions seeking leave to amend shall be accompanied by a

copy of the original pleading, a clean copy of the proposed amended pleading, and a

red-line copy identifying all modifications or additions.

14. Motions to Seal and/or Redact Documents/Information: BECAUSE SEAL MOTIONS

11 For all court appearances, counsel shall meet and confer, at least 24 hours before the in-

person appearance, to confirm that all parties are aware of the appearance.

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ARE TIME-CONSUMING FOR THE COURT, FAILURE TO COMPLY WITH THIS SECTION IS

SANCTIONABLE. Documents or information may not be sealed or redacted by

stipulation. Parties seeking to seal and/or redact shall move, by order to show cause,

for the appropriate relief and the following procedures are implemented to streamline

the process.12

(A) General: Motions to seal/redact shall be made by order to show cause.

Sealing entire documents or categories of documents is typically a drastic remedy; the

courts are obligated to fashion narrowly-tailored orders to seal or redact certain highly-

sensitive information to maintain the transparency of the court’s affairs and to balance

the public’s interests with those of the parties. The court strongly encourages parties

to consider redacting instead of sealing. The movant shall identify every NYSCEF

Document Number in which those documents are filed under temporary seal. The

court will not entertain successive motions to seal documents/information that the

court previously permitted to be redacted or sealed; instead, the parties shall submit a

proposed sealing order to the court pursuant to § 2(A). The proposed order shall include a

chart with the original NYSCEF number(s) corresponding to the new NYSCEF number(s) that the

parties wish to seal or redact. Any sealing order MUST be followed by a Notification for Sealing

in Electronically Filed Case to give the County Clerk notice.

(B) Documents filed under temporary seal: Documents filed in connection with

motions to seal and/or redact remain under temporary seal for a period of 14 days.

Absent the filing of a proper and timely motion by order to show cause with a TRO

extending the temporary sealing period, the temporary seal will be lifted on the 14th

day. A movant seeking a TRO shall identify all the documents subject to the proposed

TRO by NYSCEF Document Number. If a document is filed on NYSCEF more than once,

failure to identify all NYSCEF Document Numbers for such document may result in the

document being unsealed.

(C) Documents in support of application: Movant’s memorandum of law shall set

forth the basis of the purported good cause to seal or redact each document or piece

of information and movant’s papers shall include a spreadsheet/chart that clearly and

specifically identifies: (1) each document, by bates stamp number or similar

identification method; (2) a name and meaningful description of each document; (3)

NYSCEF Document Number of each filed copy of a document; (4) the categorization of

each document (see below); and (5) the good faith basis to seal or redact the particular

12 For general information, please see ”PROTOCOL ON COURTHOUSE AND COUNTY CLERK

PROCEDURES FOR ELECTRONICALLY FILED CASES” in New York County: NY Co EF Protocol .

For assistance with procedural e-filing issues, see footnote 3. Further, no motion is necessary

to redact “Confidential Personal Information,” including social security numbers and investment

account numbers, as set forth in Uniform Rules for Trial Courts (22 NYCRR) § 214.12.

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document/information. Repeating the same case citations for each document is not

helpful. Movant’s proposed categories shall be identified with specificity in the

spreadsheet and legal memoranda to facilitate issuance of a workable and efficient

order; for instance, vague categories such as “confidential business information” or

“proprietary trade information” are not generally adequate; examples of specifically-

identified categories include “third-party borrower personal identifying information,”

“pricing terms for international customers,” “investment methodologies,” “capital

contribution information of private entities,” and “strategies for structuring,

collateralizing, and marketing structured products.” A carefully-tailored list of

categories incorporated into movant’s spreadsheet that articulate precise categories of

information—as opposed to mere vague statements—allows the court to expeditiously

resolve these motions. More detailed descriptions are economical for the parties as

generic categories may not establish the requisite good cause to seal or redact and

necessitate successive/further motion practice.

(D) Proposed sealed or redacted documents filed in connection with any motion

shall be submitted to NYSCEF as follows:

(i) Every document sought to be sealed or redacted shall be filed on

NYSCEF under temporary seal in completely unredacted form (Confidential Chamber’s

Copy), with all proposed redactions highlighted yellow, along with the mandatory

spreadsheet outlined in §10(B);

(ii) Every motion which seeks to redact information shall include a public

copy of the document, filed on NYSCEF, containing movant’s proposed redactions;

(iii) Motions to seal an entire document which seek, alternatively, to redact

specific information in that document shall also include, under temporary seal on

NYSCEF, an entirely unredacted copy of the document with all proposed redactions

highlighted.

(E) Judiciary Law § 4: The parties are reminded that all court proceedings, taking

place remotely or in-person, are open to the public.

Discovery

15. General: Discovery is not stayed by dispositive motion or ADR. Production

deadlines are presumptively 5:00 p.m. and within 10 days of an order if not specified

otherwise therein.

16. Initial disclosure: Under the Rules of the Commercial Division, discovery

proceeds as soon as the case is initiated with the RJI. (See generally Rules of

Commercial Div of Sup Ct [22 NYCRR 202.70 rule 11(g)].) Within 30 days of filing an

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answer or appearance by defendant on motion, to encourage the parties to settle, an

initial disclosure is required as outlined below.

(A) In general: Except as otherwise stipulated or ordered by the court, a party must,

without awaiting a discovery request or discovery order, provide to the other parties:

(i) A list of the names and, if known, the address and telephone number of

each individual that the disclosing party intends to use to support their claims or

defenses, unless such use is solely for impeachment, together with a brief description

of the information expected to be elicited from such individual;

(ii) A copy of all documents, electronically stored information, or other tangible

things referred to in the pleadings unless they are attached to the pleadings;

(iii) A computation of each category of damages claimed by the disclosing party;

and

(iv) if applicable, Insurance policy information. (See CPLR 3101[f].)

(B) Compliance: The disclosing party shall e-file and email pursuant § 2(A) an affirmation

certifying completion of the initial disclosure. The court will determine if a Preliminary

Conference is necessary and/or request that the parties submit a proposed Preliminary

Conference Order.

(C) Timing:

(i) Where a party objects to the initial disclosure as not appropriate in their action

and states the objection at the PC Conference, the court will determine what initial disclosures,

if any, are to be made and set the time for initial disclosure.

(ii) A party that is first served or otherwise joined after the CD Rule 8 consultation

must make the initial disclosures within 30 days after making an appearance, unless a different

time is set by stipulation or court order.

(iii) For Disclosures Required by CPLR 3101(f), the parties shall comply with that

section.

(D) Preclusion: The disclosing party is not precluded from using any testimony,

documents or other material that was not identified as part of the initial disclosures, provided

that the disclosing party demonstrates that it could not have included such testimony,

document or material in its initial disclosures.

(E) Good faith: Failure to utilize good faith in making an initial disclosure may result in an

award to the non-disclosing party of the attorneys’ fees and costs occasioned by such failure.

(F) Format and service: The disclosures must be in writing, signed, and served.

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(G) Basis for Initial Disclosure; Unacceptable excuses: A party must make its initial

disclosures based on the information then reasonably available to it. A party is not excused

from making its disclosures because it has not fully investigated the case or because it

challenges the sufficiency of another party's disclosures or because another party has not

made its disclosures.

17. Discovery Conferences:

(A) Requesting a discovery conference: To request a discovery conference after

the parties have met and conferred as required by Commercial Division Rule 14, a

party shall send the request by email, pursuant to § 2(A), including only:

-- Subject Line: “Discovery Conference Request: [Index number, case

name]”;

-- Email Body: A statement, not more than 500 words, identifying the

unresolved dispute(s) and, if the party believes it would be helpful, requesting

authorization to submit individual pre-conference letters. A non-requesting party may

respond, within 24 hours of the requesting email, by replying all and indicating, in 500

words or less, whether the party (1) objects to scheduling the discovery conference

and/or (2) requests authorization for individual pre-conference letters. All substantive

emails, (not scheduling emails), including conference requests, must also be filed to

NYSCEF.

(B) Status/compliance conferences: In lieu of status/compliance conferences,

parties shall submit a joint update in accordance with § 2(A) every 30 days unless the

court orders otherwise. If the parties agree that a virtual conference is imperative,

they may request a conference with the court by emailing sfc-part48@nycourts.gov and

sfc-part48-clerk@nycourts.gov. Updates regarding the status of discovery are

presumptively by email to sfc-part48@nycourts.gov and sfc-part48-clerk@nycourts.gov.

If the parties cannot agree, they may file competing email updates. All email updates

must also be filed to NYSCEF.

(C) Individual pre-conference letters: See Procedure §4(A). Individual pre-

conference letters, 1,500 words or less, shall be filed to NYSCEF and emailed pursuant

to § 2(A) at least 72 hours before the conference.

(D) Discovery Schedule and deadlines: Parties must comply with the court-

ordered discovery deadlines. The parties cannot modify dates in the discovery

schedule without court approval. If an extension of time is needed, it must be

requested in accordance with § 2(A) at least 10 days BEFORE expiration of the deadline.

Late requests will be denied absent good cause. The court may grant extensions for

good cause but will not indefinitely grant extensions if the parties are not diligently

attempting to meet deadlines. If a party fails to comply with the discovery dates,

discovery is deemed to be waived.

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(E) The parties shall use the Part 48 PC Order form, available online.13

18. Confidentiality Stipulation and Proposed Order: The form Confidentiality

Stipulation and [Proposed] Order accepted in Part 48 is available online.14 The parties

shall file to NYSCEF and send, pursuant to § 2(A), the following: (i) the executed

stipulation and proposed order; (ii) a red-line copy demonstrating any/all additions,

subtractions, or modifications made to the Part 48 Form; and (iii) a cover letter briefly

explaining all substantive changes.

However, if the parties have not changed the Part 48 Confidentiality Stipulation

and [Proposed] Order form except to include only case-specific

administrative/identifying information (i.e., the case caption, index number[s], party

names, and signature blocks), the parties may execute and file the Confirmation of No

Substantive Alterations To The Part 48 Form (attached as Exhibit 2 to the Part 48

Confidentiality Stipulation) in lieu of the above-required red-line copy and cover letter.

19. Exchange of Electronically Stored Information (ESI): Counsel shall discuss with

their clients and then meet and confer as to the matters memorialized in the

Commercial Division Rules ESI Guidelines. The parties shall attempt, in good faith, to

reach an agreement regarding the scope of ESI to be sought, the location, format, and

custodians of such information, the burden of bearing costs for collecting/reviewing

such information, and the amount of time anticipated to obtain, review, and produce

such information. If no agreement can be reached prior to the preliminary conference,

a party may email pursuant to § 2(A) a request for an ESI conference. A sample

Stipulation for the Exchange of Electronically-Stored Information is available online.15

The parties shall discuss how to address filing sharing techniques (e.g., links that

expire).

20. Privilege: If a party objects to a document demand on the ground of privilege, with its

production, the party must serve on all other parties a privilege log of the responsive

documents that are not being disclosed and, if applicable, bates-stamped redacted

documents along with a redactions log. The privilege log shall identify all redacted and

completely withheld documents by bates-stamp numbers, dates, authors and recipients,

the general subject matter of the document if it will not waive the privilege and the

privileges being asserted. (See Rules of Commercial Div of Sup Ct [22 NYCRR 202.70

(g)] rule 11-b[B].) Failure to serve a privilege log with the party’s production will,

absent good cause, be deemed a waiver of the party’s privilege objections. Following

service of a privilege log, the parties shall confer in an attempt to reach agreement on

13 The Part 48 PC Order Form is available with Justice Masley’s materials at Part 48 Preliminary

Conference Order.

14 Confidentiality Stipulation and [Proposed] Order Form is available at JMasley-CStip.pdf

15 Sample ESI Exchange Form is available with Justice Masley’s materials at JMasley-ESI.pdf.

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whether the asserted privileges apply. If agreement cannot be reached, the parties shall

email the assigned law clerk to schedule a conference.

21. Interrogatories and Document requests: Objections to document requests and

interrogatories must be made with specificity in accordance with Commercial Division

Rule 11-e(a) and CPLR 3133(a); general objections will be summarily overruled.

Contention interrogatories, however, are not permitted.

22. Depositions:

(A) Adjournments: Scheduled depositions cannot be adjourned without the court’s

approval.

(B) Conduct at depositions: Parties are to conduct depositions in accordance with CPLR

3115 and rule 221 of the Uniform Rules for Trial Courts.

(C) Post-deposition demands: Post-deposition demands are due within 10 days of the

completion of depositions. Responses are due within 10 days of service of the demand.

Proposed Orders and Judgments

23. Proposed Orders and Judgments: Proposed judgments and Orders must be

emailed in a Microsoft Word document pursuant to § 2(A) in addition to e-filling on

NYSCEF.

Transcripts and Other Procedures

24. Transcripts:

(A) All transcripts shall be filed regardless of whether the appearance is a conference or

argument and whether there is a decision on the record or not. Transcripts shall be e-

mailed to the court, pursuant to § 2(A), within 24 hours of receiving the transcript from

the court reporter. Movants shall e-file, under the appropriate sequence number, and

email an original copy without NYSCEF markings. Only certified transcripts are

accepted. If movant has not received the transcript from the reporter within 30 days of

the proceeding, the movant shall email the Part Clerk. Parties shall note the court

reporter’s name and contact information at the beginning of the appearance.

(B) Errata sheet/application for corrections: If there are corrections to the

transcript, the parties shall adhere to the deadlines set forth in CPLR 5525(c).

Additionally, a copy of all proposed corrections and/or objections to the transcript, by

either party, must be sent to the court pursuant to § 2(A) under each party’s respective

deadlines set forth in CPLR 5525(c). In the event the moving party has no corrections,

but the non-moving party has proposed corrections, the moving party has 48 hours to

advise the court whether it agrees or objects to the non-moving party’s proposed

corrections. Alternatively, each party shall notify the court if there are no changes

within the deadlines in CPLR 5525(c). If the parties agree on the changes, the parties

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will send the court, pursuant to § 2(A), an errata sheet stipulation within 30 days of

receiving the transcript from the court reporter. Absent a stipulation or timely notice

to the court of changes to the transcript, the court may so-order the transcript as

received. Non-compliance with any deadline set forth under CPLR 5525(c) is a waiver.

25. Commissions: Requests for commissions shall be made by stipulation, application

via the Ex Parte Office, or else by order to show cause.

PART 48 CALENDAR PUBLIC REMARKS EXPLANATION

UPDATE VIA EMAIL Parties shall send a joint status update by

email (see Procedure 2[A].) There will be no

in-person or remote appearance.

MS TEAMS CONFERENCE A remote conference will be held by

Microsoft Teams.

IN PERSON CONFERENCE A conference will be held in person in the

courtroom (Room 242).

FOR PAPERS/NO APPEARANCE A deadline for submission of requested

documents. Not an argument date.

FOR TRANSCRIPT/NO APPEARANCE A deadline for submission of transcript. Not

an argument date

ORAL ARGUMENT – IN PERSON or ORAL Oral argument will be held in person in

ARGUMENT DIRECTED courtroom (Room 242).

ORAL ARGUMENT – REMOTE or ORAL Oral argument will be held remotely by

ARGUMENT VIA MICROSOFT TEAMS Microsoft Teams.

SUBMISSION NO APPEARANCE Motions submitted in room 130. There will

be no in-person or remote appearance.

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