Hon. Lori S. Sattler — Part 2 Rules

Last updated 1/27/23

HON. LORI S. SATTLER

SUPREME COURT, NEW YORK COUNTY

IAS PART 2 RULES

Courtroom: 60 Centre Street, Room 212

Courtroom: (646) 386-3852

Chambers: (646) 386-3819

Principal Law Clerk: Lydia H. Devine, Esq.

Assistant Law Clerk: Alexander Frey, Esq.

Part 2 Chambers email: SFC-Part2@nycourts.gov

Part Clerk: Melissa Barquinero

Part 2 Clerk email: SFC-Part2-Clerk@nycourts.gov

I. General

1. Notification of court appearances will be sent to counsel of record on NYSCEF. Each attorney

who receives notification of an appearance is responsible for notifying all other parties that the

matter is scheduled to be heard on the assigned date and time.

2. Ex parte communications are not permitted. Communications regarding procedural questions

or issues should be directed to the Part Clerk. Communications regarding substantive questions

and/or issues may be emailed to chambers provided that all sides are copied.

3. Do not copy the court on correspondence between counsel.

4. If an action is discontinued, or wholly or partially settled by stipulation, a motion has become

wholly or partially moot, or a party has died or become a debtor in bankruptcy, the parties shall

promptly notify the court in writing of such an event. This is a continuing obligation, and such

notification shall be made in writing to the court via filing on NYSCEF and email to the Part

Clerk and chambers.

II. Conferences

1. IAS Part 2 Preliminary, Compliance, and Status Conferences are held on Tuesdays in the

courtroom. The parties may submit a proposed conference order at least one day prior to the

conference date in lieu of appearing.

2. Tax Certiorari conferences are held on Thursdays.

3. Settlement conferences in all matters will be scheduled on any day as is mutually convenient

for the parties and the Court.

4. Parties must use the Part 2 forms available at

http://ww2.nycourts.gov/courts/1jd/supctmanh/judicial_assignments.shtml#S

5. A party filing a Request for a Preliminary Conference should contact chambers notifying of

same with all sides copied. Parties are free to submit a proposed Preliminary Conference Order

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at any time before a Preliminary Conference is held, which may be accepted in lieu of an

appearance.

6. Parties should meet and confer about all outstanding discovery or other issues prior to any

conference with the Court. At any time, the parties may present stipulations to the court to be so

ordered by filing on NYSCEF under the appropriate document type.

7. If a motion is pending in a case scheduled for a conference, all attorneys must be prepared to

discuss the pending motion on the conference date even if the motion is not returnable on the

conference date.

III. Motion Practice

1. All notices of motion/cross-motion, orders to show cause, affirmations, affidavits, memoranda

of law, and exhibits to motions must be labeled and tabbed individually and must contain the

motion sequence number on the upper right corner of the first page. All motions papers and

exhibits thereto must be e-filed separately.

2. “Courtesy” or working copies of e-filed motions are discouraged and should not be delivered

to the part.

3. Electronic copies of exhibits such as audio or video should be submitted to the court on or

before the motion submission date by emailing chambers with all parties copied informing the

court of the need to submit electronic exhibits. The Court will provide instructions depending on

the number and size of the files to be submitted.

4. Orders to Show Cause

a. Motions shall be brought on by order to show cause only when there is genuine

urgency, a stay is required, or if doing so is required by statute mandates. Absent advance

permission of the court, reply papers shall not be submitted on orders to show cause.

b. A movant seeking a TRO must provide proof that their adversary was notified about

the application and the time, date and manner that the application will be presented for

signature. The court may, in its discretion, schedule a hearing on the TRO application or

set a deadline to submit written opposition to the TRO request.

c. Movants seeking to inquire about the status of an order to show cause should first

contact the Ex Parte Office to ensure that it has been sent to chambers before contacting

the Part.

5. Notices of Motion

a. All Notices of Motion are returnable in the Motion Support Office Courtroom.

Adjournments of those motions are to be addressed to Motion Support, not the Part,

unless the parties are seeking to adjourn a motion submission date more than sixty days

after the original return date. In that case, the stipulation will need to be so ordered, so the

parties should file the stipulation on NYSCEF with a request that it be so ordered.

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b. Motions will be submitted without argument or rescheduled for a conference and/or

oral argument on a case-by-case basis in the Court’s discretion. A party may request oral

argument by emailing chambers with all counsel copied on or before the motion’s

submission date.

6. Parties appearing on dispositive motions must have knowledge of the facts and history of the

case and settlement authority.

7. Discovery motions will be made returnable on Tuesdays.

IV. Adjournments

All adjournment requests are subject to court approval. A court appearance may be adjourned on

consent by emailing chambers with all parties copied. If the adjournment request is not on

consent, the party making the request must do so by email stating the reason for the adjournment

and the party opposing must respond stating the reason for the opposition. Failure to state an

opposition may result in the appearance being adjourned.

V. Settlement Conferences and ADR

1. The parties are encouraged to request a settlement conference with the Court. Such request

should be made by email.

2. If the parties have conferred and would like to submit their case to mediation, they may

contact the Court by email. The Court may conduct a settlement conference or refer the matter to

mediation in its discretion.

VI. Note of Issue

1. The note of issue may be filed, and a future conference dispensed with, provided all parties

who have appeared in the action stipulate in writing that all discovery has been completed.

2. Summary judgment motions must be filed within 120 days after the filing of the note of issue,

unless otherwise ordered by the Court, or will be denied absent good cause shown for the delay.

VII. Trials

1. Once a trial is assigned to Part 2, the Court shall schedule a Pre-Trial Conference.

2. Proposed jury instructions must be specifically tailored to the action. The parties are

encouraged to use the most recent Pattern Jury Instructions. Where a proposed PJI section

requires fact-specific additions, please include the full text of the instruction along with the

proposed case-specific language. When using PJI sections without any modification, please

simply reference the PJI section by number and title.

3. Parties must have copies of exhibits for the Court and for each adversary

4. All parties are encouraged to have their exhibits pre-marked by the court reporter.

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