Hon. J. Machelle Sweeting — Part 50 Rules

PART RULES

HONORABLE J. MACHELLE SWEETING

Supreme Court – Civil Term – New York County

80 Centre Street, Room 279

New York, NY 10013

Chambers: 646-386-3245

Courtroom: 646-386-5639 (Vanessa Schroeder, Part Clerk)

SFC-Part50-Clerk@nycourts.gov

Erik Schlein, Esq.

Principal Court Attorney

Easchlein@nycourts.gov

646-386-3656

Below are the procedures and rules governing practice in

Part 50 of the New York County Guardianship Part

General Information

1) The Court does not provide legal advice. The below information is consistent with the Court’s

mission to ensure access to justice, especially for persons who may be self-represented.

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

Article 81 of the New York State Mental Hygiene Law at: www.nycourts.gov. Search

under topics for Guardian Assistance Network and click on the word “manual” located

on the left.

b. Other resources and forms, including, but not limited to, the Notice of Article 81

Proceeding, Order to Show Cause and Petition can be obtained at: Resources |

NYCOURTS.GOV ; Sample Forms | NYCOURTS.GOV

c. The name , address and telephone number of the Guardianship Clerk and the

Guardianship and Fiduciary Support Services Office in New York County is:

Yesenia Herrera

60 Centre Street, Room 158

New York, NY 10007

646-386-5936

Hearings

1) All proceedings, including conferences will be held virtually via Microsoft TEAMS, unless

specifically directed to appear in-person by the Court. Each case is given its own separate link.

2) Do not “reply all” to an email containing the Microsoft TEAMS link. Audio/video recording of

any kind and the taking of photos (including screen shots) of any court proceeding is strictly and

expressly prohibited

3) All parties and counsel must remain in the virtual courtroom until admitted by the Court

4) All counsel and parties shall appear online promptly with their camera in the “on” position and

their names visibly displayed

5) Counsel and all parties shall mute their microphones when not speaking

6) Hybrid proceedings are only permitted in exceptional circumstances.

7) Any requests for accommodations including e.g. language interpretation, assisted listening

devices, special audio/video equipment or any other accommodation under the American with

Disabilities Act, shall be made as soon as possible but no later than one week before the

scheduled court date

8) Reports of the court evaluator shall be provided to the court no later than 5 days before the

hearing and shall not be disclosed to anyone other than the court, without first obtaining court

approval

Communications with the Court

1. The Court does not litigate matters by email or telephone. Any/all applications in which a party

or counsel is seeking relief from the court must be submitted in writing upon notice to all

counsel and/or parties with a courtesy copy to the Court at: sfc-Part50-Clerk@nycourts.gov. Do

not email the Judge directly. This includes adjournment requests, which may be made by letter

application.

2. Adjournment requests must include how much time is being requested and at least three (3)

proposed dates and times that are agreeable to all parties and counsel. If the proposed dates

are unavailable, the Court will provide alternative dates and times. Adjournments of hearing

dates beyond the 28-day period require consent of all parties and counsel and a good cause

explanation for the request

3. Be sure to include the index number and the name of the Alleged/Incapacitated Person on all

documents filed with the Court.

4. Every case pending before the Court should have a scheduled date until such time that the

matter is deemed CLOSED by the court. If there is a matter that has been pending before the

Court for over one year, email the court at: SFC-Part50-Clerk@ncyourts.gov with the name of

the Alleged/Incapacitated person and the Index Number in the subject. In the message, include

a brief description of what remains outstanding.

5. Please note that the filing of correspondence on NYSCEF is not notice to Chambers. For urgent

matters in which the attention of the Court is required, a courtesy copy shall be sent to the

Court as indicated above.

6. Do not copy the court on letters and emails exchanged between counsel or the parties unless

expressly directed by the Court.

7. Ex parte communications of any kind (including voice messages) are strictly prohibited and will

be disregarded

8. Inquiries regarding scheduling shall be directed to the PART Clerk by calling: 646-386-5639

between the hours of 9 a.m. and 4:30 p.m. The Part is closed for the lunch recess from 1p.m. -

2:15 p.m.

SEALING

Any request for the sealing of records must be made with specificity and good cause