Hon. Francis A. Kahn III — Part 32, Mortgage, 111 Rules

PART RULES

HON. FRANCIS A. KAHN, III

New York County Supreme Court-Civil Term

Mortgage Foreclosure Part

Part 32

111 Centre Street

Room: 1127B

New York, NY

Courtroom phone: (646) 386-5607

Part Clerk: Tamika Wright

• Please note Judge Kahn does not have any Law Clerks. Contact the part clerk with any

questions or concerns or e-file a letter to the court and email the same to sfc-part32-

clerk@nycourts.gov.

In-Person Motions and Conferences: Tuesdays at 10:00 a.m.

Virtual Conferences: Wed. and Thur. as scheduled.

I. COMMUNICATIONS WITH THE PART CLERK AND CHAMBERS

A. Scheduling Matters and Requests for Adjournments:

i. Please do not communicate with chambers by any means concerning adjournments

of all matters. ALL requests for adjournments are to be directed to the Part Clerk.

ii. A preliminary or compliance conference may be adjourned once on consent for no

more than 30 days. A stipulation agreeing to the adjournment must be e-filed and a

copy of the stipulation must be filed with the Part Clerk at least 24 hours in advance

of the conference date by email at SFC-Part32-Clerk@nycourts.gov. Any

adjournment by stipulation submitted less than 24 hours prior to the scheduled

conference must be approved by the Court. Further adjournments require Court

leave.

iii. For all motions pending in the Submissions Part (60 Centre Street, Rm. 130), follow

that part’s rules regarding adjournments, scheduling, and withdrawals.

iv. Requests for adjournment of a calendared motion must be made upon consent

of all parties by written stipulation 48 hours in advance. No letters will be

accepted. The stipulation must be e-filed and either hand delivered or e-mailed to

the Part Clerk at SFC-Part32-Clerk@nycourts.gov. Requests for adjournment of a

motion made on the day of oral argument must be made in person. Adjournments of

a motion by stipulation received less than 24 hours in advance of the oral

argument date may be rejected.

v. Adjournments of matters calendared in Part 32 must be confirmed by

contacting the Part Clerk by email.

vi. Parties can request a pre-note settlement conference by calling the Part Clerk.

B. No ex parte communications will be entertained under any circumstances. Do not call or

e-mail the Judge, Court Attorneys, or Part Clerk without including all parties in the matter. It

is not necessary to copy the Court on letters and documents exchanged between counsel.

Such communication will not be reviewed.

i. Calls to chambers specifically authorized by the Court may only be placed by

attorneys. No law office employees, assistants or aides may call chambers. Please be sure all parties

are on the line before conferencing with the Judge or Court Attorney.

ii. DO NOT call the Part Clerk or chambers for a status update or to ask whether a

decision has been issued. All decisions and orders are scanned and available online via

nycourts.gov.

iii. If you have a question about an appearance please check E-courts at WebCivil

Supreme (state.ny.us) or NYSCEF NYSCEF Home (state.ny.us) before contacting the

court/part.

II. FORECLOSURE RULES:

A. Foreclosure Conference Part: Conferences scheduled for Tuesdays will be held in-person at

10:00 a.m. unless otherwise specified by the Court.

i. Be prepared to discuss the status of the cases and have full settlement authority.

ii. Requests for adjournment of a calendared conference must be made upon

consent of all parties by written stipulation 24 hours in advance. (Refer to

adjournment procedures above).

B. Mortgage Foreclosure Part (“MFP”): Residential mortgage foreclosure conferences required

by CPLR §3408 are conducted either in person at 60 Centre Street or virtually at the

discretion of the assigned Court Attorney Referee not by the Judge. The Referee for

conferences for MFP cases is Priva Simon. She can be reached at (646) 386-5792 or by

email at psimon@nycourts.gov. Settlement conferences are not held in the part, they are

usually held at 60 Centre Street in room 130.

i. Requests for adjournment of MFP conferences must be made upon consent of

all parties by written, e-filed stipulation 48 hours in advance and emailed to the

referees and e-filed with the court.

III. MOTIONS - WORKING COPIES OF MOTION PAPERS ARE NOT REQUIRED.

A. Adjournment requests for motions returnable in the Motion Submission Part (Room 130)

shall be made in accordance with the rules of that part which are available at:

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

B. Requests for adjournments of orders to show cause shall be made in accordance with

rule I(A) above.

C. Oral argument is heard solely at the discretion of the Court.

D. Discovery motions may be calendared for a conference with the Court.

E. Each e-filed document as an exhibit to an affirmation or affidavit must have its own

respective document number (e.g., Doc #10, Notice of Motion). If documents are submitted

as a single .pdf file, a motion may be summarily denied.

F. Each page in any exhibit must be numbered. Reference to any exhibit must include pinpoint

citations to the exact page within the exhibit. Each exhibit must have protruding exhibit tabs

identifying the exhibit.

G. All exhibits electronically submitted must be described in the heading of the attached exhibit

(e.g. Exhibit A – Bill of Particulars), so that it is known what document is filed in the

exhibit.

H. Memoranda of law must be separated from other papers.

I. Citation to deposition testimony must include notation of page and line number in transcript.

Entire transcript must be provided not simply excerpts.

J. Reference to any other voluminous exhibits annexed to a motion must include Bates stamps

or other pinpoint citations noting the exact location within the exhibit.

K. After motions are fully submitted, the Court will not permit additional submissions. Letters

to the Court after oral argument or submission regarding sub judice motions will be returned

to counsel.

L. Discovery Motions: If a discovery dispute arises, parties in lieu of filing a motion, are

encouraged to request a conference by e-filing a letter on NYSCEF requesting a conference.

Conferences will be granted at the Court’s discretion.

IV. ALL CONFERENCES

A. Counsel attending conferences shall be familiar with the case and have authority to discuss

and stipulate to resolve all discovery issues.

B. When all parties are present, please complete a stipulation or preliminary conference order

with dates for completing discovery. End date of discovery, impleader deadline, future

conference date, and note of issue dates will be chosen by the Court.

C. If during a conference, counsel must appear in another part, notify the Part Clerk and all

other parties, and provide a telephone number at which you may be reached.

D. At compliance conferences, counsel must bring a list of all outstanding discovery.

E. If a matter is discontinued e-file a stip of discontinuance immediately so the case can be

marked accordingly. Without a stip of discontinuance the matter will stay in the active

posture until one is received. You may also email a copy of the stip to the part clerk at

sfc.part32-clerk@nycourts.gov.

F. If there is a problem with a decision, please file an order with attorney affirmation and

email the same to the part email address.

V. Order to Show Cause

A. All Order to Show Causes must be e-filed first then processed by the Ex-Parte office to

obtain a sequence number and then sent over to the part. Do not contact the part. The Ex-

Parte office can be reached at 646-386-3125. They will contact the part once the OSC is

processed by them.

B. Just because an OSC has an TRO does not mean that it will be heard the same day unless the

sale is the same day. The Judge will either give it a return date for oral argument, put it on

submissions or decide it on the papers. Again, this is at the Judge’s discretion.

C. Once the OSC is so ordered it will be uploaded to NYSCEF immediately by the clerk.

• Please note Judge Kahn does not have any Law Clerks. Contact the part clerk with any

questions or concerns or e-file a letter to the court and email the same.