Hon. Joseph J. Esposito — Part 17 Rules

PART 17 –RULES,PRACTICES, AND PROCEDURES

JUSTICE JOSEPH J.ESPOSITO

SupremeCourtoftheStateofNewYork,CivilTerm

88-11 SUTPHIN BOULEVARD

JAMAICA,NEW YORK 11435

Presiding Justice: Joseph J. Esposito

Principal Law Clerk: Fatima Mustafa, Esq.

AssistantLawClerk:FrankE.Armano,Esq.

JusticeChambers:(718)-298-1113

Part 17 Email: QSCPart17@NYCourts.GOV

CityComplianceEmail:CSCP1@NYCourts.GOV

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PURSUANT TO THE NEW PROCEDURES GOVERNING COURT OPERATIONS

IMPLEMENTED TO ADDRESS THE COVID-19 (CORONAVIRUS) HEALTH

EMERGENCY, AND PURSUANT TO THE MOST RECENT ADMINISTRATIVE

DIRECTIVES CONCERNING DISCOVERY MATTERS, THE FOLLOWING PART

RULES,WHICHSUPERSEDEALLPREVIOUSPARTRULES,SHALLAPPLYTOALL

PART 17 MATTERS:

NOTELEPHONEINQUIRIESCONCERNINGMOTIONSORAPPLICATIONSSHALL

BE MADE TO CHAMBERS. All such inquiries must be made to the Motion Support Office

(718-298-1009), the Ex Parte Office (718-298-1018) or to the Clerk of Part 17 by email at

QSCPart17@nycourts.gov.

COMMUNICATIONS WITH PART 17 AND CHAMBERS

1. Counselandlitigants(representedorself-represented)areadvisedthatJusticeJosephJ.

Esposito, Principal Law Clerk, Assistant Law Clerk, and Part Clerk may not engage in

any ex parte communications.

2. Absolutely no telephone inquiries concerning motions or applications may be made to

chambers, such inquiries or concerns shall be addressed via email at

QSCPart17@nycourts.gov.

3. Donotsendanyletters,documents,papers,mail,orfacsimileunlessexpresslypermitted

by these Practice Rules or by prior approval of the Court to the part or chambers.

4. Anyandall communications with chambersshall includeallparties.

ELECTRONIC FILING

1. All cases in Part 17 are required to be electronically filed through the New York State

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

withNYSCEFproceduresFormoreinformationone-filingrules,partiesmayalsovisit:

Queens Supreme Court E-Filing | New York Courts.

2. To convert a non e-file case to e-filing, the parties must execute this form: Stipulation

and Consent to E-filing Form and send a fully executed form to efile@nycourts.gov .

3. “eTrack”isacasetrackingservicethatenablespartiestotrackactiveCivilSupreme

Court cases and to receive notice of scheduled appearances and/or “control dates”.

Parties and/or their counsel must be registered for the eTrack service for all Part 17

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

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

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

following exceptions:

a. Documents requiring Justice Esposito‘s signature, including proposed

ordersandstipulations,mustbee-filedwithNYSCEFandsentviaemail

to QSCPart17@nycourts.gov

MOTIONS CALENDAR CONFERENCES

1. Prior to resorting to motion practice, parties are strongly encouraged to schedule an in-

person conference with the Court 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.

2. This rule does not apply to applications for counsel to be relieved, or to dispositive

motions, such as summary judgment motions.

MOTION CALENDAR

All motions and petitions shall be made returnable in Part 17 of this Courthouse on Wednesdays

at 10AM. Per Court directives noticed to the Bar, calendars resumed on July 20, 2020. The

calendarsinPart17aresubmissiononly.Thereshallbenooralargumentofanymotion,petition

or application, with the exception of motions/orders to show cause for a preliminary injunction

containing a temporary restraining order, in which case a hearing shall be conducted in-person.

There shall be no physical appearance for any calendar otherwise.

MotionsubmissionformsarenolongerrequiredbyPar17.AllrequestsforadjournmentAND/OR

conferences must be made at least 48-hours prior to the return date via email to

QSCPart17@nycourts.govor,inthealternative,bywayofastipulationorletterthatisbothe-filed

and e-mailed to QSCPart17@nycourts.gov. Conferences will be held in-person.

PRELIMINARY and COMPLIANCE CONFERENCES

Pleaseclick onthefollowing links:Queens Supreme Civil Preliminary Conferences | New York

Courts and Queens Supreme Court Compliance Conference Part | New York Courts Memo for

information regarding the Preliminary Conference Part and Compliance Conference Part.

CITYCOMPLIANCE PART: CSCP1

EffectiveOctober6,2023, JusticeJosephJ. Esposito willpresideovertheCity Compliance Part.

1. Effective February 7, 2022, the initial Compliance Conference Order is automatically

issued afterthe Preliminary ConferenceOrder. Theautomatic Compliance Order contains

a date for the submission of a Certification Order which states that all discovery is

complete.TheCourtwillnotissueaNoteofIssuedateuntilaCertificationOrderhasbeen

executed.

2. A compliance conference may be requested by any party, on notice to all parties in the

action(s), if: (1) discovery is not completed as set forth in the Compliance Conference

Order and will prevent the timely submission of a Certification Order; or, (2) the parties

have been unable to resolve outstanding discovery issues, after good faith attempts have

been made, and a judicial ruling on the discovery issue(s) is needed. Requests for

adjournmentsofscheduledcomplianceconferences,aregenerallynotgranted.Anattorney

with knowledge of the status of the discovery in the action is expected to appear.

3. Arequest foracompliance conference, mustbemadeviaemailtoCSCP1@nycourts.gov.

Thesubject line must include the name of the case and the Index Number(s) and the body

oftherequestmustoutlinethediscoveryissuesforwhichtheCourt’sassistanceisrequired.

4. If an action has been consolidated for all purposes, for joint discovery and trial, or solely

for joint trial, the court must be informed of such consolidation in any request for a

compliance conference, additionally, the parties in all actions must be notified of the

request for a compliance conference.

5. Conferences will be scheduled by the Court for the next available date and a Teams

invitation link will beforwarded to the attorneys at theemail addresses CCed to theemail

communication. Appearances by all parties is mandatory at Compliance Conferences

scheduled by the Court.

6. Allconferenceswillbeginpromptlyatthescheduledtimeandwillproceedwiththeparties

present.Ifapartyisunabletojointheconferenceduetoatechnicalissue,thatpartyshould

contact one of the other party(s) and attempt to join the conference by calling into the

conference using the phone number provided in the Teams invitation.

7. All parties are expected to comply with the Compliance Conference Orders issued by the

Court. Compliance Conference orders will be made available on the NYSCEF System (if

the action was e-filed) or from the County Clerk (if the action was not e-filed).

8. Any e-mail inquiries to this Part must include in the subject line, the index number(s) and

captionoftheaction(s)at issue.Additionally,allparties(includingthoseself-represented)

thathavePage3of5[08/2022]appearedintheactionshallbecopiedonanyemailsentto

the Part, either by email or first-class mail. Only compliance conference or discovery

inquiriesshouldbeforwardedtothisPart.Failuretocomplywiththisparagraphmayresult

in a delay in processing the inquiry. Please do not include the Court on e-mail

communications between the parties during the exchange of discovery materials.

9. Discovery must be complete prior to the Certification Order date set by the Court. The

Certification Order date may be extended at a compliance conference, at the discretion of

the Court.

10.If discovery is completed on or before the date set forth in the Compliance Conference

Orderandacomplianceconferenceisnotrequired,thepartiesmaye-mailafullyexecuted

Certification Order (with personal or digital signatures) to CSCP1@nycourts.gov for the

issuance of a Note of Issue date.

11.. If an action is settled, discontinued or otherwise disposed of, while active in the

Compliance Conference Part, the plaintiff shall notify the Court through NYSCEF and e-

mail a copy to CSCP1@nycourts.gov

12.If the parties wish to extend the CERT Order due date and/or the Note of Issue date, such

requests can be made via email to CSCP1@nycourts.gov. Do not request a conference to

request such extensions.

VIRTUAL CONFERENCES – GENERAL PROTOCOL

1. Alllawyersandlitigantsshouldidentifythemselvesatthebeginningofeachappearance.

2. All microphones shouldbemuted whennot in use.

3. Courtroomrulesapply-speakoneatatimeanddonotinterruptotherspeakers,including

the Judge.

4. RecordingtheproceedingbyanyoneotherthantheJudge,CourtReporterorotherCourt

personnel, is PROHIBITED.

5. All appearing parties should make every effort to appear via video, with cameras

engaged.Telephonicappearancesshouldbelimitedtolitigantswhoareunabletoappear

via video.

6. Maintain the decorum of an in-person courtroom. Lawyers and litigants should appear

from an office or quiet space. Background noise is detrimental to the conditions

necessarytoensureanaccuratetranscriptanddiminishesthedecorumoftheproceeding.

7. Ifanindividualisunabletoappearviavideo,thatindividualshouldcontactthepartemail

QSCPart17@nycourts.gov.

FORECLOSUREMOTIONSANDSTATUS/SETTLEMENT

CONFERENCES

AllcounselmustsubmitalettertotheCourtviaemailat QSCPart17@nycourts.goviftheywish

to schedule a conference. Such request will then be forwarded to the foreclosure department for

scheduling. Foreclosure conferences are currently being held with Court Attorney Referees.

ALTERNATIVEDISPUTERESOLUTION (“ADR”)

1. “If,at anypoint,the partiesdecidethattheywould benefitfromtheAlternativeDispute

Resolution (“ADR”) program, they should write a joint letter to the Court asking to be

referred to ADR. In that letter, they should state whether they prefer discovery to be

stayed, or continued, during the mediation process.

2. TheCourtmayalsoorderparties totheADRprogramwithouttheirrequest or consent.

3. For moreinformationregardingtheADRprogram,pleasecontacttheADRCoordinator,

at qscadr@nycourts.gov, or visit Queens Alternative Dispute Resolution (ADR) | New York

Courts

UNCONTESTEDMATRIMONIAL

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

at QSCPart17@nycourts.gov to advise that the documents have been uploaded to

NYSCEF.

2. Forhardcopycases,allcorrectionsmustbesenttoChambersbyregularmailonly.Do

NOT mail papers to the Matrimonial Clerk’s Office.

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

corrections may result in the dismissal of the action.

SUBPOENAS

Apartyseekingtohaveasubpoenasignedmustsubmitthesubpoena,withabrief affirmationof

explanation, to the Part email –QSCPART17@nycourts.gov.

INFANT COMPROMISE ORDERS

ApplicationsforInfantCompromiseOrdersshall bemadepursuanttoCPLR1207(a)andshallbe

supported by the documentation required under CPLR 1208 and 22 NYCRR § 202.67. All

applications shall be accompanied by a completed Checklist to ensure its supported by the

necessary information and documentation. Applications submitted without the appropriate

information and documentation will be denied. Infant compromise hearings will be scheduled by

theCourt,andtheparties will benotified ofthehearing dateby email. The infant andtheinfant’s

guardian MUST appear at the hearing.

TRIALS

Allcounsel mustsubmittothecourt,priortothecommencementoftrial,marked pleadings, copy

ofthebillofparticulars,awitnesslist,exhibitlist,proposedjuryinstructionandaproposedverdict

sheet.

Motions in limine - On the first appearance in the Part for trial, any party intending to make a

motion inlimine shall submit abrief written affirmation setting forth thenatureof the application

andanysupportingstatutoryorcaselaw.Thepartyshallfurnishthecourtwithanoriginalandone

copy and provide counsel for all parties with a copy. No adjournments or delays during trial will

be accepted unless exigent circumstances arise.

Thetrialwillbeconductedonacontinuousdailybasisuntilconclusion.Tortactionsaregenerally

bifurcated, but not always. The Court expects that any trial on damages will follow immediately

after a verdict finding the defendant liable.

Noadjournments ordelays duringtrial willbeaccepted absent exigent circumstances.

SUMMARY JURY TRIAL RULES

For more information on Summary Bench Trials please click this link:

Queens Supreme Summary Trial | New York Courts

For more information on Summary Jury Trials, please click this link:

Queens Supreme Summary Trial | New York Courts

SETTLEMENT AND DISCONTINUANCES

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

the Court by submission of a copy of the Stipulation or a letter directed to the Clerk of the Part

and sending it via email to QSCPart17@nycourts.gov. 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)].

Updatedasof: February16,2024