Hon. Ariel D. Chesler — Part 62 Rules

HON. ARIEL D. CHESLER, J.S.C.

Part 62 – City IAS Part

80 Centre Street, Courtroom 328

New York, New York 10013

Principal Law Clerk

Shanon A. Farinha, Esq.

SFarinha@NYCourts.gov

Assistant Law Clerk

Nicole Paniccia, Esq.

NPaniccia@NYCourts.gov

Part Clerk

Mariana Saldivar Hidalgo

SFC-Part62-Clerk@NYCourts.gov

Telephone Numbers

Courtroom: (646) 386-3274

Chambers

(646) 386-5856

I. Calendars

a. Conferences – Thursday Afternoons

b. Motions – Thursday Mornings

c. All motion argument/conferences are in-person unless otherwise directed by the

Court

II. General

a. Counsel are expected to be familiar, and strictly comply, with those parts of the

Uniform Rules for the Supreme Court, 22 NYCRR 202. In the event this Court’s

Rules are silent, the applicable Uniform Rules control.

b. This Part is an e-file only part; all actions filed by attorneys must be e-filed through

NYSCEF (this Rule does not apply to pro se litigants)

c. For any documents which are sought to be So-Ordered, counsel shall e-mail both

the Principal and Assistant Law Clerk with all counsel included.

d. Do not communicate with the Part ex parte unless instructed to do so, all ex parte

communications will be disregarded

e. There shall be no litigation by e-mail. Correspondence with the Part Clerk and the

Law Clerks is by email only and must be addressed to all counsel and/or self-

represented parties.

f. The Court shall notify the parties and counsel of the Courtroom for argument upon

scheduling of oral arguments

g. DO NOT E-MAIL OR CALL CHAMBERS REGARDING PRELIMINARY

CONFERENCES AS THOSE ARE HANDLED BY THE DCM PART

h. Notifying Court of Settlement or Resolution: Counsel must notify the Court as soon

as practicable of any settlement or resolution of active cases or pending motions,

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by filing to NYSCEF a Stipulation or Notice reflecting same, with copy emailed

simultaneously to the Part Clerk and Law Clerks.

III. Adjournments

a. Do not call chambers for an adjournment.

b. Adjournments on Notices of Motion that are not yet submitted must be sent to the

Submission Part (information available at:

https://ww2.nycourts.gov/courts/1jd/supctmanh/motions_on_notice.shtml).

c. Adjournments shall be sought no later than five (5) business days in advance.

Requests for a “so-ordered” stipulation to adjourn a motion returnable in the

Submission Part should be directed to the Part Clerk at sfc-part62-

clerk@nycourts.gov.

d. Adjournments shall be sought no later than five (5) business days before a

scheduled appearance, absent emergency.

e. Adjournments, even if on consent, are not granted unless and until they are

approved by the Court

IV. Motion Practice

a. General Motion Requirements

i. Oral argument on motions, except motions to renew or reargue will be

scheduled at the court’s discretion.

ii. Affidavits and affirmations for motions-in-chief (or cross-motions) shall not

exceed 7,000 words or be more than 20 pages. (22 NYCRR 202.8-b)

iii. Affidavits and affirmations in opposition or reply shall not exceed 4,200

words or 10 pages in length. (22 NYCRR 202.8-b)

iv. Surreply papers shall not be accepted absent leave of Court

v. If a case has a collateral pending Federal Court matter, all relevant papers

and orders from the Federal Court shall be exhibited to motions.

vi. The Part encourages pre-motion/settlement conferences wherever possible

to avoid unnecessary litigation and motion practice, to do so, e-mail your

request to both the Principal and Assistant Law Clerk

vii. To withdraw a fully submitted motion, the movant shall file a stipulation

and e-mail same to the Principal and Assistant Law Clerk and Part Clerk to

be So-Ordered.

b. Discovery Motions

i. If a discovery dispute arises that cannot be resolved by the DCM Part, please

request a pre-motion conference with a Law Clerk by e-mailing both the

Principal and Assistant Law Clerk

c. Orders to Show Cause

i. Orders to Show Cause shall be used where there are emergent or time

sensitive issues that must be raised to the Court

ii. All applications for stays shall be made by Order to Show Cause

iii. All requests for interim relief shall be made by Order to Show Cause

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d. Applications for Stays Made to the Appellate Division

i. Counsel shall furnish promptly the Court with any determinations on stays

sought in the Appellate Division, whether granted or denied, by e-mailing a

copy of same to the Principal and Assistant Law Clerk

V. Matrimonial Cases: All Matrimonial Cases still pending before the judge shall

be governed by the Court’s prior Part Rules, a copy of which is available upon

request by email to the Principal and Assistant Law Clerk, as well as those parts of

Uniform Rules for the Supreme Court, 22 NYCRR 202, that apply to a Matrimonial

action

VI. Trials & Hearings

a. When a trial is assigned to Justice Chesler, the Part Clerk will schedule a Pre-Trial

Conference, during which counsel, who must have authority to discuss settlement,

shall be prepared to discuss the following:

1. General facts, claims and substantive issues of the case;

2. Number of Witnesses for each side;

3. In limine motions and evidentiary issues;

4. Estimated length of trial;

5. Statement of facts not in dispute;

6. Stipulation as to evidence deemed admissible

7. Demands and Offers

8. If there is a jury, proposed jury charges shall be filed on NSYCEF

and e-mailed to the Principal and Assistant Law Clerks in Word

Format

b. Counsel or the parties shall ensure subpoenaed records are received by the records

room; the Court has no duty to ensure same.

c. If audio-visual technology is sought to be used at a trial, counsel shall send a request

for such technology to the Part Clerk.

VII. Artificial Intelligence (AI) Programs: All submissions with respect to a

motion must include a certification by an attorney (or self-represented party) either

that no generative artificial intelligence program was used in the drafting of any

affidavit, affirmation, or memorandum of law contained within the submission, or

that a generative artificial intelligence program was used but all generated text,

including citations, quotations, and legal analysis was reviewed for accuracy and

approved by an attorney (or the self-represented party). If the certification states a

generative artificial intelligence program was used, the program must be identified

and the documents which include matter generated by the program

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