Hon. Hasa A. Kingo — Part 65 Rules

Hon. Hasa A. Kingo, J.S.C.

Part 65 – General IAS / Medical Malpractice Part

80 Centre Street, Room 308

New York, New York 10013

Part Clerk

Arlina Fox, SFC-Part65-Clerk@nycourts.gov

Part/Courtroom Telephone

(646) 386-3887

Principal Court Attorney

Laurie K. Furdyna, Esq., lfurdyna@nycourts.gov

Assistant Law Clerk

Dani Wachtel, Esq., dwachtel@nycourts.gov

Chambers Email

SFC-Part65@nycourts.gov

Chambers Telephone

(646) 386-4740

General

1. All parties shall familiarize themselves with these practice rules, the New York County

Uniform Rules (Local Rules), Administrative Rules of the Unified Court System &

Uniform Rules of the Trial Courts, and New York Civil Practice Law and Rules.

2. Parties shall promptly notify the Part Clerk and Chambers, by email to SFC-Part65-

Clerk@nycourts.gov and SFC-Part65@nycourts.gov, respectively, of the settlement or

resolution of any case, claim, or pending motion.

3. Chambers is not notified when correspondence is uploaded to NYSCEF. Accordingly,

any correspondence addressed to the court, or any documents requiring Justice Kingo’s

signature (including, but not limited to, proposed orders, stipulations, or transcripts to be

so-ordered), must be electronically filed and also emailed to the Part Clerk at SFC-Part65-

Clerk@nycourts.gov and to Chambers at SFC-Part65@nycourts.gov.

4. Email is the court’s preferred method of communication. Ex parte communications

with the court are strictly prohibited. All emails to the court must include all parties.

Telephone calls to chambers should be limited to urgent matters only, and opposing counsel

must be included on the call when contacting the court.

5. Notice of court appearances is provided by the New York State Unified Court System’s

eCourts website, accessible at https://iapps.courts.state.ny.us/webcivil/FCASMain.

Counsel and pro se parties are responsible for monitoring eCourts and are encouraged to

utilize the eTrack case tracking service to track their cases.

Adjournments

6. DO NOT CALL CHAMBERS REGARDING ADJOURNMENTS.

7. Requests to adjourn any appearance must be made at least two business days before the

scheduled appearance.

8. Courtroom Appearances: All requests to adjourn an appearance in Part 65 must be made in

the following manner: The requesting attorney shall first contact all adversaries to seek

their consent before contacting the court. All adjournment requests shall be electronically

filed via NYSCEF and emailed to the Part Clerk at SFC-Part65-Clerk@nycourts.gov and

to Chambers at SFC-Part65@nycourts.gov. If the request is made with the consent of all

parties, it must be submitted by a fully executed stipulation stating the reason for the

request. If all parties do not consent, the requesting party may submit an attorney

affirmation (or, for self-represented parties, a letter) in lieu of a stipulation. The affirmation

or letter must state the reason for the request and describe in detail all attempts made to

obtain consent.

9. Motion Submission Appearances: To request an adjournment with consent of all parties,

file a fully executed stipulation that states the reason for the request to NYSCEF. If all

parties do not consent to the request, an attorney affirmation or letter (for pro se parties

only) may be submitted in lieu of a stipulation. Requests to adjourn the return date more

than 60 days after the initial return date or not on consent must also be emailed to the Part

Clerk at SFC-Part65-Clerk@nycourts.gov and to Chambers at SFC-Part65@nycourts.gov.

Settlement Conferences

10. Justice Kingo strongly encourages parties to contact the court if they wish to schedule a

settlement conference. The court is also inclined to conduct “blockbuster” settlement

conferences in appropriate cases, including matters involving the same insurance carrier.

Parties seeking to discuss settlement in a particular action or a series of matters are

encouraged to contact the court at SFC-Part65-Clerk@nycourts.gov and SFC-

Part65@nycourts.gov, with all necessary parties copied, to arrange a settlement conference.

Settlement conferences will generally be conducted in person. All appearing counsel must

have full settlement authority and be thoroughly familiar with the case. Clients are invited

to attend settlement conferences; where a client does not appear, counsel must have the

ability to communicate with the client in real time during the conference.

Other Conferences

11. Discovery Practice and Submission of Orders. Parties are strongly encouraged to resolve

discovery disputes and enter into discovery stipulations without court intervention

whenever practicable. Proposed Preliminary Conference (“PC”) Orders and Compliance

Conference Orders shall be submitted to the Assistant Law Clerk by email to

dwachtel@nycourts.gov and to Chambers by email to SFC-Part65@nycourts.gov within

forty-eight (48) hours of the conference date. Unsigned draft orders shall not be uploaded

to NYSCEF, as chambers is not automatically notified of NYSCEF filings.

12. Preliminary Conference Order Guidelines:

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 Any proposed PC Order must state the date on which Plaintiff(s) served the Bill of

Particulars (“BP”). If a BP has not been served, the court will defer issuance of a PC Order

until the BP is provided. A continued failure to serve a BP may result in an order imposing

costs or other sanctions upon the offending party pursuant to 22 NYCRR § 130-2.1, 22

NYCRR § 202.27, or any other applicable rule or statute.

 Where a defendant serves a demand for medical authorizations together with a demand for

a Bill of Particulars, Plaintiff’s counsel shall serve the requested authorizations

contemporaneously with the BP.

 If the court does not receive a proposed PC Order prior to the scheduled conference date,

the parties are required to appear in person for the PC.

 All depositions shall be completed no later than four (4) months from the date of the PC

order.

 Any future compliance conference shall be scheduled no later than four (4) months from

the date of the PC order.

 The note of issue shall not be filed absent a stipulation, executed by all parties, certifying

that all discovery is complete.

 In Camera Review: No compliance conference stipulation or order shall direct any party

to submit records or other materials to the court for in camera review unless the matter has

first been conferenced with and approved by the court.

13. Actions pending for over three years in which the note of issue deadline has passed will be

scheduled, at the Court’s discretion, for a status conference before Justice Kingo on

Thursday afternoon. Should either party fail to appear at this conference, their default will

result in an appropriate sanction, including entry of a default judgment or dismissal of the

action pursuant to 22 NYCRR § 202.27.

14. All other discovery conferences are held in person at 80 Centre Street, Room 308, on

Tuesdays at 2:15 p.m.

Motion Practice

15. To the maximum extent possible, discovery disputes should be resolved through informal

procedures, such as conferences, as opposed to motion practice (22 NYCRR § 202.20-f

[a]).

16. Parties shall meet and confer regarding all discovery disputes, as set forth in the Uniform

Civil Rules for the Supreme Court & the County Court. If the dispute cannot be resolved

by a meet and confer, the parties are directed to contact the Part Clerk by email to SFC-

Part65-Clerk@nycourts.gov and Chambers by email to SFC-Part65@nycourts.gov to

request a conference with the court before filing a discovery motion.

17. All motions for summary judgment shall be made no more than 60 days after the note of

issue is filed. A memorandum of law is required for all motions for summary judgment.

The submission of a summary judgment motion does not automatically stay discovery.

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18. The filing of a dispositive motion does not automatically stay discovery. The court will

determine, upon application of counsel, whether discovery will be stayed, pursuant to

CPLR § 3214(b), pending the determination of any dispositive motion. Contact the Part

Clerk at SFC-Part65@nycourts.gov and Chambers at SFC-Part65@nycourts.gov to

request a determination regarding this issue.

19. Part 65 is a paperless part. Hard copies of electronically filed motions are not required.

20. All contested motions, except motions to renew or reargue, will be scheduled for oral

argument. Oral argument of unopposed motions will be scheduled at the court’s discretion.

Parties and counsel are directed to monitor the eCourts system

(https://iapps.courts.state.ny.us/webcivil/FCASMain) for the oral argument date.

21. The Part 65 motion calendar is held in person on Tuesdays at 9:30 a.m. and 11:30 a.m., as

designated on eCourts. Parties appearing for motions should check in with the Court

Officer or Part Clerk upon arrival. Cases will be called at the court’s discretion, and any

party not present when the case is called may be marked in default.

22. Ex Parte applications and Orders to Show Cause shall be made according to the rules

available at https://ww2.nycourts.gov/courts/1jd/supctmanh/ex_parte_applications.shtml.

23. To withdraw a fully submitted motion that is pending in Part 65 (whether or not oral

argument has been scheduled), electronically file a stipulation or letter withdrawing the

motion to NYSCEF and advise the Part Clerk immediately by email to SFC-Part65-

Clerk@nycourts.gov and Chambers by email to SFC-Part65@nycourts.gov.

24. Any attorney or party who employs a generative artificial intelligence tool, as defined in

22 NYCRR § 161.2(b), in the preparation of any paper, as defined in 22 NYCRR §

161.2(c), that is filed with or submitted to this court, or served upon another party in an

action before this court, shall carefully review the paper and independently verify that it

contains no fabricated or fictitious cases, statutes, or other material. By signing such paper,

the attorney or party certifies that this review has been conducted and the submission is

free of any fabricated or fictitious content. Failure to comply with this requirement may

result in the imposition of sanctions or other appropriate remedial action as determined by

the court.

25. All electronically filed documents must be submitted as OCR text-searchable PDF files.

All cases shall be filed through NYSCEF, except matters involving pro se litigants who are

not licensed to practice law in New York; however, unrepresented litigants who are not

New York-licensed attorneys are strongly encouraged to participate in e-filing, as it

provides the most efficient means of accessing court filings, remaining informed of case

developments, and serving other parties. Instructions for e-filing are available at

https://iappscontent.courts.state.ny.us/NYSCEF/staging/help/UnrepresentedFactSheet.pdf

. For additional NYSCEF guidance or technical assistance, parties may contact the E-Filing

Resource Support Center at (646) 386-3033 or visit

https://iapps.courts.state.ny.us/nyscef/HomePage.

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Trials/Evidentiary Hearings

26. Once a trial is assigned to Justice Kingo, the court will contact trial counsel by email to

schedule a pretrial conference and to establish deadlines for the submission of trial-related

materials, including any requests for audio-visual technology. Counsel for all parties must

appear at the pretrial conference with full authority to engage in meaningful settlement

discussions.

27. Parties shall provide hard copies of the following to the court at the pre-trial conference:

marked pleadings and bills of particulars; all prior decisions in the case; all notices to admit,

with responses; copies of transcripts of depositions intended for use at trial, and contact

information for counsel to the parties. In the case of a jury trial, the parties shall also

provide a proposed jury verdict sheet; proposed PJI instructions; and a list of proposed

witnesses. If a witness needs an interpreter, please advise the Part Clerk of the language

and any dialect.

28. Parties are strongly encouraged to stipulate to all facts and documents not in dispute prior

to trial, and to have agreed-upon documents, photographs and other exhibits pre-marked

into evidence by the court reporter outside the presence of the jury.

29. It is the duty of the parties, not court personnel, to confirm that all subpoenaed documents

have arrived in the subpoenaed records room at 60 Centre Street.

30. All requests to set up audiovisual equipment in the courtroom shall be directed to the Part

Clerk at SFC-Part65-Clerk@nycourts.gov.

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