Hon. Anna R. Lewis — Part 29 Rules

GUARDIANSHIP PART 29 PRACTICE AND PROCEDURES

Courtroom 540

HON. ANNA R. LEWIS

Supreme Court, New York County –Civil Term

60Centre Street

New York, N.Y. 10007

PrincipalCourt Attorney AssistantCourt Attorney Part Clerk

Kent Mackzum, Esq., ValëzaKastrati Elena Mass

kmackzum@nycourts.gov vkastrat@nycourts.gov SFC-Part29-Clerk@nycourts.gov

(646) 386-3941 (646) 386-3085 (646) 582-5162

I. RESOURCES

While the Court does not provide legal advice, the information belowis consistent with the

Court’s mission to ensure equal access to justice.

1. The Guardianship and Fiduciary Support Services Office in New York County is located

at 60 Centre Street, Room 158 New York, NY 10007 and can be reached at 646-386-

5936. The court’s website contains various resources and forms pertaining to

guardianships. Such guidance can be located at Guardianship Basics | New York Courts

and Forms | New York Courts

2. The Uniform Civil Rules for the Supreme Court & the County Court (22 N.Y.C.R.R. §

202 et seq.)are available online at Part 202. Uniform Civil Rules For The Supreme Court

And The County Court | New York Courts. All parties shall be familiar with the Uniform

Rules.

3. The Guardian Assistance Network offers advice and training for lay guardians under

Article 81 of the New York State Mental Hygiene Law. Such resources can be found at:

at: GAO Services for Lay Guardians | New York Courts

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II. MOTIONS

1. All requests for relief shall be made via an Order to Show Cause and not Notice of

Motion.

2. The Court requests that, whenever feasible, paper cases be converted to e-file cases on

the New York State Courts E-Filing (NYSCEF) system.

3. For non-e-filed (NYSCEF) cases, all paper filings must be made with the

Guardianship and Fiduciary Office located in room 158 at 60 Centre Street.

4. A movant seeking a temporary restraining order must clearly specify why such relief

is sought and if being sought without notice, the movant must specify why notice

should not be required. [MHL § 81.23(b) and MHL § 81.23(b)]

III. COMMUNICATIONS WITH CHAMBERS

1. ExPartecommunication is strictly prohibited. No counsel or party shall communicate

with Judge Lewis or her court attorneys without including counsel for the opposing

partyorself-represented litigant in such correspondence. Any correspondence that

does not include all required parties will be disregarded.

2. All correspondence with Chambers shall be sent to the Part Clerk or court attorneys.

No party or counsel shall email Hon. Anna R. Lewis directly. Do not include the

Court on communications between counsels or the parties unless such has been

requested or authorized by the Court.

3. The parties shall not attempt to litigate matters via email or telephone. Any discussion

of the merits of a case in email is strictly forbidden.All applications requesting relief

from the Court must be in writing with notice to all parties and a courtesy copy

tokmackzum@nycourts.gov and vkastrat@nycourts.gov.

4. Court evaluator’s reports shall be submitted to the Court at least two business days

prior to a hearing and shall include any pertinent photographs of the alleged

incapacitated person’s abode. The court evaluator shall not disclose the report to any

other person or entity other than the Court, unless further disclosure is expressly

allowed by this Court. All sensitive personal information such as social security

number and financial account numbers must be redacted from the report and all

exhibits prior to disclosure.

5. If an issue arises in a pending matter that requires urgent attention, an email may be

sent to the court attorneys requesting a conference at kmackzum@nycourts.gov and

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vkastrat@nycourts.gov. Such a request may only be madeafterthe parties have

attempted to resolve the issue amongst themselves whenever feasible and appropriate.

Requests for a conference shall statethe basis of the request and be copied to

all counsels and anyself-representedlitigants.

6. Court evaluators and court examiners are to promptly notify the Court of any pending

landlord/tenant proceeding involving an AIP or IP and advise counsel in that

proceeding of the guardianship matter.

7. Filing of correspondence on NYSCEF does not provide immediate notice to

Chambers; thus, for urgent matters, a courtesy copy of such correspondence or filing

shall be sent to the Part at the following emails: kmackzum@nycourts.gov;

vkastrat@nycourts.gov and SFC-Part29-Clerk@nycourts.gov.

IV. APPEARANCES BEFORE THE COURT

1. Most scheduled return dates before Part 29 will be held virtually on Microsoft Teams.

A partymay request that an appearance be in person by emailing thePart Clerk at

SFC-Part29-Clerk@nycourts.gov no later than one week prior to the scheduled

appearance.

2. All parties and counsels, unless excused by the Court, must be present and on time for

all scheduled return dates, whether for a conference, hearing or motion.

3. For appearances on Microsoft Teams, parties and witnesses shall be familiar with the

platform,have tested their microphones and cameras in advance, and shall use a quiet

room or location for the virtual appearance with minimal background noise and an

adequate internet signal. The Court expects everyone to display the same civility

and professionalism in virtual proceedings as if the hearings were held in person.

4. Counsel and witnesses will have an opportunity to speak in order and shall not

interrupt or speak over one another and shall refer to the respondent by the

individual’s name and not merely their status as an AIP or incapacitated person

[“IP”]/ward.

5. Recordings and photographs of any kind of court proceedings are strictly forbidden.

6. Any use of Artificial Intelligence, including for notetaking purposes, in any in-person

or virtualappearance in Part 29 is strictly prohibited

7. Requests for interpreters shall be made as soon as possible but no less than one week

before the proceeding.

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8. Requests for an assisted listening device, use of audio/video equipment or other

accommodation to participate in the court proceeding shall be made as soon as

possible but no less than two business days before the proceeding.

V. ADJOURNMENTS

1. Any adjournment requests shall be made no later than 48 hours prior to the scheduled

appearance and shall be sent to the Part at kmackzum@nycourts.gov and

vkastrat@nycourts.gov with all necessary parties copied. Such a request must state:

(i) whether the request is on consent of all parties; (ii) the reason for the request; (iii)

the length of the adjournment sought and (iv) at least two proposed adjournment dates

and times where all parties are available.

2. For adjournment requests that are opposed, such requests shall be sent to the Part at

kmackzum@nycourts.gov and vkastrat@nycourts.gov, copy all counsels and any

self-represented litigants and concisely provide the basis of such request. The party

opposing such request may provide a brief reply stating their opposition. The Court

will either grant or deny the request or hold a brief conference if deemed necessary.

3. Do not contact Chambers regarding scheduling unless it is urgent and you have been

unable to reach the Part Clerk.

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