Hon. Lisa A. Sokoloff — Part 19 Rules

HONORABLE LISA A. SOKOLOFF

SUPREME NEW YORK, CIVIL TERM

60 Centre Street, New York, NY 10007

PART 19, Courtroom 540

Part Clerk: SFC-Part19-clerk@nycourts.gov, 646-386-3979

Principal Court Attorney: Rovena Beqiri, rbeqiri@nycourts.gov, 646-386-4608

Junior Court Attorney: Kate Larson, karson@nycourts.gov, 646-386-3719

RULES SPECIFIC TO GUARDIANSHIP MATTERS:

Most applications or requests for relief should be made by Order to Show Cause

[as opposed to by notice of motion] filed with the Guardianship Office if a paper

case or online through NYSCEF if an electronic case. Questions regarding the

process may be posed to the Guardianship Office at (646) 386-3328 or to the

NYSCEF Help Center at 646-386-3025 or nyscef@nycourts.gov.

For simple issues [such as orders for bank or medical records, to convert a case to

e-file, or for adjournments], application may be made by email to the Principal

Court Attorney with a copy to GFS or the Court Examiner, Part Clerk and all other

essential parties to the matter, outlining the relief sought. Where there is an

affirmation in support an original signature is needed.

For ex-parte relief, the e-mail application need not copy other parties but must

explain why ex-parte relief is requested.

The court requests that efforts be made to convert paper files to e-file whenever

possible.

The court prohibits any use of Artificial Intelligence (AI), including in virtual

conferences and hearings. This includes the use of AI for notetaking purposes. AI

generated citations must be verified. If false citations are submitted, the party who

submitted them will be sanctioned.

Please do not call the court with inquiries regarding the status of any and all orders.

You may email this inquiry to the Part 19 court attorneys.

PETITIONER:

• It is Petitioner’s burden to prove the incapacity of the alleged incapacitated

person by evidence in admissible form.

COURT EVALUATOR:

The court evaluator [CE] shall perform the following:

• Interview the AIP [alleged incapacitated person] and all interested parties in

the presence of counsel if they have counsel. Explain the proceedings to the

AIP.

• Promptly notify the Court if the AIP wants an attorney other than the one

assigned

• If an attorney is assigned, make sure to contact the attorney for the AIP

before meeting the AIP

• Promptly notify the Part Clerk if an interpreter is required for the AIP or any

witness

• Promptly notify the court if there is a pending Landlord/Tenant proceeding

and advise the counsel in that proceeding of the Guardianship action

• If the court evaluator believes that the AIP or his/her property is in danger,

the CE is to immediately apply to the court for restraining orders, the

appointment of a Temporary Guardian, etc.

• Assess the AIP’s financial status including income, investments, and

property or lack thereof

• Assess the AIP’s physical and mental status, including insight and judgment

• Assess the condition of AIP’s place of residence and provide photographs to

the court with your court evaluator’s report

• Provide a report to the Court via email to the Court Attorney and Part Clerk

at least 2 business days before the hearing [notify the court if you are

unable to comply with this requirement]. The report shall be a

comprehensive view of the case with a recommendation, not a step-by-step

commentary of how the information was obtained, but you should list all the

people you interviewed and records reviewed.

• The CE shall disseminate the report to all parties by email once granted

permission by the Court. The report shall not be e-filed and shall remain in

the chambers file.

• Redact sensitive personal information such as full social security numbers

and finance account identifiers from all reports and exhibits.

• Attend all court hearings and subsequent proceedings, if necessary

ATTORNEY FOR THE AIP:

• Meet or videoconference with the AIP and explain the proceedings and the

petition. Meetings in person are preferred.

• Attend all proceedings. Facilitate the AIP’s appearance in virtual hearings if

not facilitated by a hospital, SNH or other facility.

• Represent the AIP at the hearing vigorously.

COURT EXAMINER:

• The assigned Court Examiner shall examine reports within 30 days of their

filing.

• If the guardian fails to timely file a report, the examiner shall demand a

report by letter [via certified mail] and also by email, copied to the part court

attorney and the GFS referee requiring compliance.

• If the examiner finds the report incomplete or unsatisfactory, the examiner

shall outline the deficiencies and forward them to the guardian requiring a

response by letter [via certified mail] and also by email, copied to the part

court attorney and the GFS referee.

• If the examiner does not receive an adequate response, s/he shall move for

the appropriate relief which may include reducing the guardian’s

commission or removing the guardian.

Guardianship proceedings are still primarily held by videoconference on Microsoft

Teams, except when the AIP is in community. Some conferences are hybrid with

attorneys in court and AIPs in facilities. Parties may always request an in-person

hearing. Check with the court to verify whether the hearing will be in person in

advance of the scheduled date.

RULES SPECIFIC TO HEARINGS VIA MICROSOFT TEAMS:

• There is a Microsoft Teams Q&A available on the Court Website or

available from the part clerk if requested in advance. Review the Q&A

before using the application the first few times. It is best to download

Microsoft Teams to your computer or other device you will be using in

advance of the hearing.

• The Court will forward links to all counsel. Please send the links to your

witnesses. The Court evaluator shall provide links to all persons entitled to

notice or who wish to be involved and shall notify the Part clerk of their

identity.

• Please join the virtual hearing a few minutes before the scheduled time and

be prepared to start promptly.

• When joining please enter your first and last name and your relationship to

the case. For example: “Mary Smith, attorney for the AIP”; “John Doe,

Father of the AIP.” Court evaluators, experts, witnesses, relatives and

friends should all be identified as such.

• Kindly wait in the lobby until the Judge admits you to the proceedings.

• Essential parties shall attend by video whenever possible; however, call-in

numbers shall be provided for those who do not have equipment for video

conferencing.

• The AIP’s appearance may not be waived unless the AIP cannot participate

via videoconference and the Court has consented to the waiver in advance.

• Where parties, such as the AIP, seek in-court appearances, the court has the

limited ability to place them in rooms at the courthouse set up for

conferencing; however, prior notice of at least 24 hours is required. The

Court is available with little notice to convert a case to in person or hybrid.

• Witnesses will not be admitted from the virtual lobby until it is their turn to

testify. They should be informed that they may have to wait up to an hour in

certain cases by the party who will be calling them.

• To prevent feedback and other interference with sound quality, parties shall

keep their microphones muted until called upon to speak or question.

• Proper decorum is to be observed: parties are not to speak over each other or

the Court as the court reporter can only take down one person speaking at a

time. Moreover, counsel must be appropriately attired.

RULES SPECIFIC TO SETTLEMENT CALENDARS:

• All attorneys should come prepared to discuss liability and damage issues.

• Proper backup (like accident photos, MRI/CT scan reporters, expert reports)

should be made available to the judge upon request.

• Plaintiff must attend either first or second conference in person. Person who

has settlement authority for defendants should be on telephone alert.

RULES SPECIFIC TO MOTION TO STRIKE CALENDARS:

• All counsel must be prepared to “stip out” outstanding discovery and related

issues with assistance of judge and her staff.