Hon. Ilene Fern — Part 15 Rules

HON. ILENE P. FERN

CIVIL TERM - PART RULES, PART 15

88-11 Sutphin Boulevard Principal Law Clerk: Rebecca Lebowitz

Courtroom 22 Secretary to Justice: Savannah Gordon

Jamaica, NY 11435

Part 15 Email: QSCPart15@nycourts.gov Courtroom Phone: (718) 298-1037

Virtual Motion Calendar: Part 15 Motion Calendar Chambers Phone: (718) 298-1626

General Part Rules

Telephone calls regarding orders and filing procedures are to be directed to the Guardianship Office at

(718) 298-1040.

All parties are encouraged to convert their matters to an E-Filed case to enable expeditious processing.

Copies of correspondence between counsel should NOT be sent to the Court as same will not be placed in

the Court file.

Proposed Orders MUST be E-Filed and notification of filing sent to GuardianshipQueens@nycourts.gov.

Failure to do so will result in a delay in the processing of the Order. NO FILINGS WILL BE

ACCEPTED BY EMAIL TO CHAMBERS.

All filings on cases not yet converted to E-Filing should be mailed to the courthouse, Attention:

Guardianship Department. NO FILINGS SHALL BE MAILED DIRECTLY TO CHAMBERS.

I. Orders to Show Cause to Appoint a Guardian

A) Contact Information for Interested Parties: Petitioner’s attorney must submit a list of email

addresses for all parties required to receive notice to the Part via email

(QSCPART15@nycourts.gov) seven (7) days prior to the hearing date.

B) Microsoft Teams: All parties must be able to appear remotely (by both audio and video) on the

return date scheduled. Microsoft Teams is the teleconferencing platform used by the New York

State Unified Court System. Teams can be accessed via desktop app on Windows, MacOS, or

Linux; through a compatible web browser such as Microsoft Edge or Google Chrome; or via

mobile app. All parties and counsel are responsible for ensuring their systems are functional

and compatible with Microsoft Teams in advance of the hearing date. More information is

available at https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app.

During virtual proceedings, parties must maintain the decorum that exists in all courtroom

proceedings. Specifically, parties should appear in professional attire, minimize distractions in

their environment, use video as well as audio equipment, and mute their microphones when other

parties are speaking. Participants may not be in a vehicle during proceedings.

C) Attendance of AIP at Remote Conference: Petitioner’s attorney shall be responsible for

ensuring the Alleged Incapacitated Person (“AIP”) has the capability to appear via Microsoft

Teams on the hearing date unless the AIP’s appearance has been previously waived.

D) Requests for an in-person hearing must be made to QSCPART15@nycourts.gov no later than

ten (10) days prior to the return date of the Order to Show Cause.

E) Requests for a language interpreter must be made to QSCPART15@nycourts.gov at least

seven (7) days prior to the return date of the Order to Show Cause.

F) Applications for Adjournment: Applications for an adjournment may be made by all and must

be approved by the Court prior to the date the matter appears on the calendar. All applications for

adjournment must indicate whether the Alleged Incapacitated Person will suffer any harm by the

adjournment. Please contact the Part via email (QSCPart15@nycourts.gov) or phone

(718-298-1626) to discuss available adjourn dates before making the application.

G) Court Evaluator Reports shall be emailed to QSCPART15@nycourts.gov at least two (2) days

prior to the return date of the Order to Show Cause. The Report of Court Evaluator SHOULD

NOT be shared with the parties without prior authorization from the Court. If this matter is an e-

filed case, the Court Evaluator SHOULD NOT e-file the Report prior to the hearing.

H) Affidavits of Service of the Order to Show Cause must be filed with the Guardianship

Department or e-filed no later than ten (10) days prior to the return date of the Order to Show

Cause.

I) Legal Fees: Counsel seeking legal fees must ensure their Affirmations of Legal Services are e-

filed AND emailed to QSCPart15@nycourts.gov on or before the noticed settlement date of the

Order and Judgment. Affirmations of Legal Services should include detailed timesheets and a

summary of hours worked for each attorney or paralegal. Failure to submit timely Affirmations of

Legal Services may result in denial of fee applications. Under no circumstances will an Order and

Judgment be held more than fourteen (14) days from its noticed settlement date to await

Affirmations of Legal Services.

II. Motions

A) Motion Date: All Motions/Petitions other than to appoint a Guardian are heard on Wednesdays at

9:30 A.M. The motion calendar will be called remotely in a Microsoft Teams meeting and can be

accessed via this link. All parties and counsel are responsible for ensuring that their systems are

functional and compatible with Microsoft Teams in advance of the motion date.

B) Notice of Motion: The Notice of Motion MUST indicate that the return date will be a virtual

appearance. Parties should contact the Part via phone or email to obtain a link to the motion

calendar. Motions to Settle Final Accounts must be brought by Order to Show Cause.

C) Scheduling: Prior to filing a motion, please contact the Part via email

(QSCPART15@nycourts.gov) for the next available motion date.

D) Contact Information for Interested Parties: The movant/movant’s attorney MUST also submit

the Guardianship Motion Submission Form providing a list of email addresses for all parties

required to receive notice, including all pro-se parties, to the part via email seven (7) days prior to

the return date of the motion. This form is included at the end of the Part Rules.

E) Waiver of Appearance for Self-Represented Litigants: If pro-se parties do not oppose the

relief requested and are unable to appear virtually, a signed, notarized waiver of the party’s

appearance must be electronically filed with the Court prior to the return date.

F) Petitions for the sale of real property must include the publication provision pursuant to Real

Property Actions and Proceedings Law (“RPAPL”) § 1722. The publication must include a

provision that directs any potential bidders to provide his/her email address to the Part via email

(QSCPart15@nycourts.gov) at least five (5) days prior to the return date of the Order to Show

Cause. Petitions for the sale of real property must also include a provision for the appointment of

an appraiser to be filled in by the Court.