Hon. Ira R. Greenberg — Part 32 Rules

PART 32 – RULES, PRACTICES, AND PROCEDURES

JUSTICE IRA R. GREENBERG (he/him/his)

Supreme Court of the State of New York, Civil Term

Part 32 & NAB* Courtroom G-40

25-10 Court Square West, Long Island City, NY 11101

Presiding Justice: Hon. Ira R. Greenberg

Principal Law Clerk: Samantha Yu, Esq.

Assistant Law Clerk Rebecca Davidoff

Part Clerk: Jenny Negron

Chambers: (718) 298-1670

Part 32 Clerk/Courtroom: (718) 298-1747

Part 32 Email: QSCPART32@nycourts.gov

Nuisance & Abatement (NAB) Part Email: QSCNAB@nycourts.gov

IAS Motion Support Office: (718) 298-1009

Ex-Parte Support Office: (718) 298-1018

Trial Scheduling Part: (718) 298-1048

Compliance Conference Part: (718) 298-1089

Court Help Center: CourtHelpQueens@nycourts.gov

GENERAL

1. All parties appearing before this Court shall appear in proper business attire. No hats, no

jeans. All cellphones must be turned off. MOBILE PHONE USE IS NOT

PERMITTED IN THE COURTROOM WITHOUT COURT PERMISSION.

2. All questions regarding motions, adjournments, calendar calls, and scheduling should be

made via email only to part appropriate emails as listed above.

3. Please notify the Court, especially while a motion is pending before Justice Greenberg,

if the action has been settled, discontinued, and/or the motion has been resolved via email

and copy (cc) ALL parties to the action.

4. The parties are required to familiarize themselves with the new Uniform Civil Rules for

the Supreme Court. Please refer to this link Uniform Civil Rules.

5. Part 32 and NAB are entirely electronic parts. Justice Greenberg does not accept working

copies of motions/documents. PLEASE DO NOT MAIL CHAMBERS ANY

COURTESY COPY PAPERS.

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6. For the most up-to-date information concerning the handling of matters before the 11th

Judicial District Civil Term (Queens Supreme Court), please refer to:

http://ww2.nycourts.gov/courts/11jd/supreme/civilterm/index.shtml

7. Part 32 does not schedule or conduct Preliminary or Compliance Conferences. All

questions regarding Preliminary Conferences and/or Compliance Conferences should

be made to the respective part, NOT Part 32. See page 6 for more information.

COMMUNICATIONS WITH PART 32 & NAB AND CHAMBERS

1. Counsel and litigants (represented or self-represented) are advised that Justice

Greenberg, his Principal Law Clerk, Assistant Law Clerk, and Part Clerk will not engage

in any ex parte communications. All parties to the action must be cc’d on emails to

Chambers.

2. ABSOLUTELY NO TELEPHONE INQUIRIES CONCERNING MOTIONS OR

APPLICATIONS MAY BE MADE TO CHAMBERS; SUCH INQUIRIES OR

CONCERNS SHALL BE ADDRESSED TO THE PART CLERK OR VIA EMAIL.

3. DO NOT SEND ANY LETTERS, DOCUMENTS, PAPERS, MAIL, OR FACSIMILE

COMMUNICATIONS UNLESS EXPRESSLY PERMITTED BY THESE PRACTICE

RULES OR BY PRIOR APPROVAL OF THE COURT TO THE PART OR

CHAMBERS.

4. ANY AND ALL COMMUNICATIONS WITH CHAMBERS MUST INCLUDE

ALL PARTIES.

ELECTRONIC FILING

1. All cases in Part 32 and NAB are required to be electronically filed through the New

York State Courts E-Filing (NYSCEF) system. Attorneys are expected to familiarize

themselves with NYSCEF procedures. For more information on e-filing rules, parties

may also visit: Queens Supreme Court E-filing.

2. To convert a non-e-filed case to e-filing:

a. With Consent: Parties must execute this Stipulation and Consent to E-Filing and

send the fully executed form to efile@nycourts.gov.

b. Without Consent: Any party may execute a Letter Application to Convert

Pending Action to E-Filing.

Note: “eTrack” is a case tracking service that enables parties to track active Civil

Supreme Court cases and to receive notice of scheduled appearances and/or “control

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dates.” Parties and/or their counsel must be registered for the eTrack service for all Part

32 cases. To register or log-in, please visit:

http://iapps.courts.state.ny.us/webcivil/etrackLogin.

3. Please do not submit courtesy copies of any documents that were e-filed, with the

following exceptions:

a. Documents requiring Justice Greenberg’s signature, including proposed orders

and stipulations, must be e-filed on NYSCEF and sent via email to

QSCPART32@nycourts.gov (Part 32 Matters) or QSCNAB@nycourts.gov

(NAB Matters), as a Word document.

4. To access filings prior to e-file conversion, please see the Queens County Clerk’s Office

or visit: Queens County Clerk Index Search.

ORDERS TO SHOW CAUSE and EMERGENCY APPLICATIONS

1. Filing parties are advised to consult Uniform Rules for the New York State Trial Courts

§202.7(f) concerning notification.

2. Upon service of Orders to Show Cause served via mail, Movant shall upload an Affidavit

of Service with proof of mailing (i.e.: Certified Mail receipt and/or photo of envelope

for First Class Mail) to NYSCEF and must be prepared to provide such to the Court.

INFANT COMPROMISE ORDERS

1. Applications for Infant Compromise Orders shall be made pursuant to CPLR §1207(a)

and shall be supported by the documentation required under CPLR §1208 and 22 NYCRR

§202.67. Applications submitted without the appropriate documentation will be denied.

a. Proposed Infant Compromise Orders must be submitted through the Ex Parte

Department, not by motion.

b. All counsel desiring the checklist for documents and information that must be

submitted should get the checklist and the link for the PDF is contained herein:

infant_compromise_order.pdf

c. Infant compromise hearings will be scheduled by the Court and the parties will be

notified of the hearing date by email.

MOTION CALENDAR CONFERENCES

1. Prior to resorting to motion practice, parties are strongly encouraged to schedule a

conference with the Court via email to resolve any ongoing non-dispositive or ancillary

disputes. Counsel MUST be fully familiar with the matter in dispute and must have

authority to bind their clients at the conference.

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PART 32 MOTION CALENDAR

1. All Part 32 motions shall be made returnable and heard before Justice Greenberg

on Mondays at 9:30 AM. APPEARANCES ARE REQUIRED FOR ALL

MOTIONS.

2. IN-PERSON APPEARANCES are required for the following motions ONLY:

a. Discovery Motions

b. Cases where one or more parties who have appeared are unrepresented/pro se*

c. Orders to Show Cause where in-person appearances are explicitly required on the

return date

3. VIRTUAL APPEARANCES ARE REQUIRED for all remaining motions (not listed

above) using the following link to Microsoft Teams: Part 32 Motion Calendar.

a. See below for Virtual Appearance Rules

4. Appearances are mandatory for ALL motions and applications. Any attorney appearing

on a case for any purpose must be familiar with the case and authorized to resolve any and

all issues.

5. Unless otherwise informed by Chambers, Part 32 does not take motions on

submission only. Appearances are required. The moving party’s failure to appear at the

calendar call will result in the motion being “Marked Off.” The non-moving party’s failure

to appear may result in submission of the motion on default.

6. All motions marked “ready” will be conferenced following the first call of the motion

calendar. Second call of the motion calendar will start after the first call.

7. Conferences or Oral Arguments may be required at the Court’s discretion after the

submission date. The Court will notify all parties to schedule said Conferences/Oral

Arguments.

8. The Court may administratively reschedule any application or motion noticed for a

holiday or a day on which the Part is unavailable. Information will be available on eCourts.

9. Stipulations regarding pending motions must be e-filed and emailed to

QSCPART32@nycourts.gov at least two (2) business days prior to the calendared date

and time.

10. The parties shall notify the court immediately if they are withdrawing any pending motion

or application in the event a matter is settled or discontinued. Stipulations of Settlement

or Discontinuance shall immediately be e-filed and sent via email to

QSCPART32@nycourts.gov.

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11. All motion papers submitted to the Court shall comply with 22 NYCRR 202.5. In addition,

litigants are advised to adhere to the length of papers set forth in 22 NYCRR 202.8-b.

Failure to comply with the requirements of this section may result in the rejection of the

non-compliant submission.

12. If a motion is “Marked Off” for non-compliance with the Part Rules, such as improper

notice or failure to appear, a new motion, bearing a new sequence number, for the original

relief may be filed in accordance with the Part Rules. It need not be accompanied by a

motion to restore or to vacate the “Marked Off” dismissal.

13. The Court will not consider papers e-filed or sent to chambers, or to the Part, after a motion

has been marked “fully submitted,” unless expressly authorized by the Court.

NUISANCE AND ABATEMENT (NAB) CALENDAR

1. All NAB submissions shall be made returnable and heard before Justice Greenberg, Part

NAB, on Mondays at 11:00 AM, virtually.

2. VIRTUAL APPEARANCES ARE REQUIRED for all NAB calendar dates for all

remaining motions using the following link to Microsoft Teams: NAB Calendar.

3. Stipulations regarding pending NAB motions must be e-filed and emailed to

QSCNAB@nycourts.gov at least two (2) business days prior to the calendared date and

time.

4. The Court, upon its discretion, may schedule Conferences/Oral Arguments after

submission.

5. All motion papers submitted to the Court shall be in compliance with CPLR Article 63

and 22 NYCRR §202.5. In addition to the requirements of 22 NYCRR §202.5, all pages

and paragraphs are to be numbered.

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY

RESULT IN THE REJECTION OF THE NONCOMPLIANT SUBMISSION.

6. The Court will not consider papers e-filed or sent to Chambers after the motion and/or

cross motion(s) are marked “fully submitted” without prior authorization of the Court.

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ADJOURNMENTS OF MOTIONS

1. Applications for an adjournment will be granted at the discretion of Justice Greenberg.

First time adjournment requests do not require briefing schedules.

2. Motions may be adjourned for the second time on consent via a fully executed stipulation

which shall contain a briefing schedule; be submitted to the Part Clerk; uploaded to

NYSCEF; and emailed to QSCPART32@nycourts.gov no later than two (2) business days

prior to the calendar date and time.

3. Counsel must make every effort to notify their adversaries of their intention to seek an

adjournment.

4. All adjournments are subject to final approval by Justice Greenberg.

STATUS OF DECISIONS

1. Decisions or Orders can be retrieved online or at the Queens County Clerk’s Office located

in the Jamaica courthouse, Room 106. Further inquiries should be directed to the

Foreclosure Support Office at (718) 298-1092, the Motion Support Office at (718) 298-

1009, or Ex-Parte Support Office at (718) 298-1018.

2. CHAMBERS WILL NOT ANSWER INQUIRIES REGARDING DECISION

STATUS.

CONFERENCES AND DISCOVERY DISPUTES

1. Conferences are held at the discretion of the Court.

2. Prior to bringing a Discovery-related motion, all parties must seek leave from the assigned

Compliance Conference Judge.

3. Discovery motions will not be accepted by this part unless a Compliance Conference has

been conducted and with proof thereof. Any motions made without an Affirmation from

the movant that a conference with the Compliance Conference Part was held, shall

result in denial of the motion.

4. A Note of Issue shall not be filed until the Court directs or the parties certify, via stipulation

and/or Certification Order, that all discovery is complete.

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PRELIMINARY and COMPLIANCE CONFERENCES

Parties may contact The Preliminary Conference Part and Compliance Conference Part/CSCP at

QNSupremeCivilCompliance@nycourts.gov or (718) 298-1089 to schedule a conference date.

VIRTUAL CONFERENCES – GENERAL PROTOCOL AND DECORUM

Recording the proceeding by anyone other than the Judge, Court Reporter or other Court

personnel, is PROHIBITED.

1. In general, all matters in Part 32 are virtual with the following exceptions:

a. Discovery Motions

b. Cases where one or more parties who have appeared are unrepresented/pro se*

c. Orders to Show Cause where in-person appearances are explicitly required on the

return date

2. All lawyers and litigants should identify themselves at the beginning of each appearance.

3. All microphones should be muted when not in use.

4. All appearing parties should have their cameras engaged when their case is called.

Telephonic appearances are limited to litigants who are unable to appear via video.

5. Courtroom rules apply—speak one at a time and do not interrupt other speakers, including

the Judge.

6. The required decorum of an in-person courtroom will be maintained across virtual

appearances. Lawyers and litigants should appear from an office or quiet space.

Background noise is detrimental to the conditions necessary to ensure an accurate

transcript and diminishes the decorum of the proceeding.

7. If an individual is unable to appear via video, that individual should contact the part email

QSCPART32@nycourts.gov or call the Part at (718) 298-1747.

TRIALS, INQUESTS AND HEARINGS

1. All parties appearing for trial, inquest or hearing must be familiar with the case and

authorized to participate in settlement discussions and/or proceed to trial.

2. Prior to, but not less than one week before the commencement of a trial, inquest or hearing,

each party shall submit to the Court and to all parties, via email, the following:

a. Marked pleadings;

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b. Any Bill(s) of Particulars;

c. A witness list [including their availability];

d. An Exhibit list;

e. Any Notice to Admit with Response(s);

f. Deposition transcript(s) (only if the submitting party intends to read from any

portion of the transcript at trial); and,

g. In the case of a jury trial, a proposed verdict sheet and a jury instruction request

listing all requested Pattern Jury Instructions from the most current year.

EACH ITEM MUST BE ATTACHED AS SEPARATE FILES AND LABELED

ACCORDINGLY.

3. The Witness List, Proposed Verdict Sheet and Jury Instruction Request must

contain the FULL Caption, Index Number and the submitting party’s appearance.

4. Motions in limine - Motions in limine for trials pending in Part 32 should be made

returnable to Part 32 on a date prior to trial, in Courtroom G-40 at 10:00 AM.

a. Notices for motions in limine must clearly state “MOTION IN LIMINE” on their

face.

5. The trial will be conducted on a continuous daily basis until its conclusion. Tort actions

are generally bifurcated. The Court expects that any trial on damages will follow

immediately after a verdict in favor of liability.

6. No adjournments or delays during trial will be accepted absent exigent

circumstances.

7. Counsel and any self-represented litigant shall advise the Part by e-mail one month prior

to the trial, inquest or hearing, if the services of any foreign language interpreter is

required for any party or witness, and if so, what language(s), and if any

accommodation(s) and/or special equipment is required for any attorney, party or witness.

SUMMARY BENCH TRIALS AND SUMMARY JURY TRIALS

1. For more information on Summary Bench Trials and Summary Jury Trials please click

this link:

Summary Jury/Bench Trials - 11 JD Queens Civil Supreme | NYCOURTS.GOV

ALTERNATIVE DISPUTE RESOLUTION

1. If, at any point, the parties decide that they would benefit from the ADR program, they

should submit a joint letter via email to the Court asking to be referred to ADR. In that

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letter, they should state whether they prefer discovery to be stayed or continued during the

mediation process.

2. The Court may also order parties to ADR without the parties’ request or consent.

3. For more information regarding ADR, please contact the ADR Coordinator at

QSCADR@nycourts.gov, or visit this link: Alternative Dispute Resolution.

SETTLEMENTS AND DISCONTINUANCES

1. If an action is settled, discontinued or otherwise disposed of, parties should immediately

inform the Court by submission of a copy of the Stipulation of Settlement or a letter

directed to the Clerk of the Part and sending it via email to QSCPART32@nycourts.gov.

2. All Stipulations of Discontinuances must be accompanied by proof of filing with the

County Clerk and payment of the appropriate fee [CPLR 8020(d)(1)].

3. The moving party on any pending motion that remains outstanding MUST e-file a letter

or stipulation withdrawing the pending motion via NYSCEF AND email the letter or

stipulation to QSCPART32@nycourts.gov.

FORECLOSURES

1. Any party wishing to schedule a conference for a foreclosure matter shall submit a

letter to the Court via email at QSCPART32@nycourts.gov. Such request shall be

forwarded to the Foreclosure Settlement Conference Part where foreclosure

conferences are being conducted by Court Attorney-Referees.

UNCONTESTED MATRIMONIALS

1. If corrections are requested on e-filed cases, please email Chambers at

QSCPART32@nycourts.gov to advise that the documents have been uploaded to

NYSCEF.

2. If corrections are requested on a non-e-filed case, all original corrected documents

must be addressed to Chambers as provided on the Memorandum. DO NOT mail

papers to the Matrimonial Clerk’s Office.

3. Parties will be allowed thirty (30) days to submit corrections. The failure to timely

submit corrections may result in dismissal of the action.

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