Hon. Joseph Risi — Part 3 Rules

Commercial Division Part C / I.A.S. Part 3 Rules

JUSTICE JOSEPH RISI

Justice of the Supreme Court

Supreme Court of the State of New York, Queens County

88 -11 Sutphin Boulevard, Jamaica, New York 11435

Courtroom 26

Part 3: QSCPART3@nycourts.gov

Commercial Division Part C: QNSCDPTC@nycourts.gov

Principal Law Clerk: Michelle A. McSweeney, Esq.

Associate Law Clerk: Juliana Fava, Esq.

Chambers Phone: (718) 298-1568

Courtroom Phone: (718) 298-1051

IAS Motion Support Office: (718) 298-1009

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

Trial Scheduling Part: (718) 298-1048

Matrimonial Office: (718) 298-1012

Motion Calendar: Tuesdays at 10:30 a.m. (No appearances required)

Tax Certiorari Calendar: Second Tuesday of the month at 9:30 a.m. (Virtually)

GENERAL

1. All attorneys and pro se litigants should check these Rules regularly for any changes.

2. All attorneys and self-represented litigants must familiarize themselves with these Part Rules

and the Rules of the Commercial Division of the Supreme Court (22 NYCRR §202.70).1

3. Please notify the Court immediately, especially when a motion is pending, if the action or

petition has been settled, discontinued and/or the motion has been resolved, via email at

QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov, and cc all parties to the action.

4. Individual Assignment Parts do not receive notifications when documents are uploaded to

NYSCEF. Documents requiring Court action, including proposed orders and stipulations must

be e-filed and emailed to the Part.

5. Counsel and litigants (represented or self-represented) are advised that neither Judge Risi,

Chambers Staff nor the Part Clerk may engage in any Ex Parte communications. Any and all

communications with Chambers or the Part must include all parties to the action.

1 https://ww2.nycourts.gov/rules/trialcourts/202.shtml#70

1

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

Chambers. Such inquiries or concerns shall be addressed via e-mail to

QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov. Please include the caption, index

number and a brief description of the subject matter of the email in the “subject” box. All

appearing parties must be included on any email correspondence with the Part.

7. Do not send any letters, documents, or other papers by mail to the Part or Chambers unless

expressly permitted by these Rules or by prior approval of the Court. All disks and/or USB

drives submitted in relation to a motion must be labeled with the case name and index number.

8. Any attorney or self-represented litigant appearing on a case for any purpose MUST be

thoroughly familiar with the case and authorized to resolve any and all issues. The

attorney and any self-represented litigants should have on hand, signed copies of all prior

decisions, Orders and stipulations that are relevant to the issue(s) before the Court.

TRIAL SCHEDULING PART

While Judge Risi sits in the Trial Scheduling Part (TSP) on Mondays and Tuesdays, Part 3

Chambers does not handle any TSP pre-trial conference adjournment requests or answer questions

related to TSP matters. Please contact TSP directly at (718) 298-1048 or via email at

tsp@nycourts.gov.

ELECTRONIC FILING

1. All cases in Part 3 and CD Part C are required to be electronically filed through the New York

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

with NYSCEF rules and procedures2. For more information on e-filing rules, parties may visit

the NYSCEF home page or the Queens Supreme Court E-Filing web page. General questions

about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or via

email at nyscef@nycourts.gov.

2. All e-filed documents must be text searchable. All electronically submitted memoranda of law

must contain bookmarks, pursuant to Commercial Division Rule 6. The submission of

documents containing hyperlinks is strongly encouraged.

3. Parties should consider converting a non-e-filed matter to e-filing. To convert to e-filing, the

parties must execute this Stipulation and Consent to E-Filing and send the fully executed form

to efile@nycourts.gov. In the event any party does not consent to convert the matter to e-filing,

any party may execute a Letter Application to Convert Pending Action to E-Filing.

MOTION PRACTICE

1. All motions/petitions/applications shall be made returnable and heard on Tuesdays at 10:30

a.m. The motion calendar is on submission only. There are no in-person appearances required

at the motion calendar unless otherwise directed by the Court.

2 Uniform Rules for Trial Courts 22 NYCRR §§202.5-b and 202.5-bb.

2

2. Except for discovery motions, no prior permission is required before making a motion in

Commercial Division Part C. A Commercial Division Rule 24 letter is not required unless

expressly requested. Prior to making a discovery motion, parties must email Commercial

Division Part C at QNSCDPTC@nycourts.gov to arrange a mutually convenient date and time

for a virtual conference.

3. No motion relating to disclosure will be accepted without an affirmation of good faith as

required by 22 NYCRR §202.7.

4. Any request for an adjournment must be sent via e-mail prior to the return date of the motion.

Additionally, stipulations to adjourn a motion must be emailed to QSCPART3@nycourts.gov

or QNSCDPTC@nycourts.gov prior to the calendared date and time, and should contain a

briefing schedule. [Applications for an adjournment will be granted as a matter of right for the

first time.] No further applications will be granted without permission of the Court. Counsel

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

5. All adjournments are subject to final approval by the Judge. All attorneys and self-represented

litigants are required to confirm approval of an adjournment request prior to the scheduled

calendar date and time via email at QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov.

6. Any request for oral argument and/or a conference must be made via e-mail prior to the return

date of the motion. The Court, upon its discretion, may schedule virtual oral arguments after

submission of a motion. The Part will arrange for a Microsoft TEAMS conference for all

parties at a mutually agreeable date and time.

7. THE COURT WILL NOT CONSIDER PAPERS ELECTRONICALLY FILED AFTER

THE CALL OF THE CALENDAR.

8. Commercial Division motions shall have the words “COMMERCIAL DIVISION”

clearly and conspicuously marked on the Notice of Motion, Notice of Cross-Motion or

Order to Show Cause by the moving party. FAILURE TO COMPLY WITH THIS

REQUIREMENT MAY RESULT IN THE MOTION BEING DENIED.

9. All motion papers submitted to the Court must comply with 22 NYCRR §202.5. In addition to

the requirements of 22 NYCRR §202.5,

a. all pages and paragraphs of a motion must be numbered;

b. each exhibit to the motion papers must be e-filed under its own document number

and include a short label identifying the nature of the exhibit (e.g., Complaint,

Contract dated 1/1/24, etc.);

c. the Notice of Motion or Order to Show Cause shall include the motion sequence

3

number; and all papers must be properly labeled so as to give the Court notice as to

what is being submitted (i.e. “Notice of Motion”; “Affirmation/Affidavit in

Opposition to Motion”; “Reply”; etc.); and

d. all Memoranda of Law must include a Table of Contents and a Table of Authorities.

FAILURE TO COMPLY WITH THE REQUIREMENTS OF THIS SECTION MAY

RESULT IN THE REJECTION OF THE NON-COMPLIANT SUBMISSION.

10. Sur-Reply papers, including correspondence, addressing the merits of a motion, are NOT

permitted.

11. For Commercial Division motions, word limits specified in Commercial Division Rule 17 will

be strictly enforced, unless permission to expand the word limit is granted in advance of the

filing of the papers.

TAX CERTIORARI

1. All Tax Certiorari matters shall be made returnable the second Tuesday of the month. The Tax

Certiorari calendar will be held virtually at 9:30a.m on the second Tuesday of the month. The

link to join the Tax Certiorari calendar is: https://tinyurl.com/TaxCertiorariCalendar

2. Failure to notice a motion/petition in compliance with the designated day, time and location

above shall result in the motion being marked off calendar without prejudice.

DECISIONS

Any attorney or pro se litigant desiring a copy of the Court’s decision must obtain same via

NYSCEF or from the Queens County Clerk.

CONFIDENTIALITY ORDER/SEALING DOCUMENTS

1. For Commercial Division cases, any Order regarding the confidential exchange of information

must adhere to the proposed Stipulation and Order for the Production and Exchange of

Confidential Information that appears in Appendix B to the Rules of Practice for the

Commercial Division (22 NYCRR§202.70(g), Rule 11-g).

2. If the parties wish to deviate from the form set forth in Appendix B to the Rules of Practice for

the Commercial Division, they must do so in compliance with 22 NYCRR §202.70(g), Rule

11-g(b).

3. Applications to seal documents shall include the nature of the document, the reason for the

sealing request, and “good cause” in accordance with 22 NYCRR §216.1. The Court will

consider applications to seal documents only by Order to Show Cause or Notice of Motion,

not by stipulation.

DISCOVERY CONFERENCES AND DISPUTES

4

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

2. Part 3 and Commercial Division Part C may conduct a virtual conference on a discovery-

related motion (i.e., Motion to Vacate Note of Issue, Motion to Restore, Motion to Strike Pleadings,

etc.) on a date to be scheduled by the Court.

PRELIMINARY AND COMPLIANCE CONFERENCES - NON-COMMERCIAL

DIVISION CASES

1. Part 3 does NOT hold non-Commercial Division Preliminary Conferences or Compliance

Conferences. DO NOT CALL CHAMBERS OR THE PART with questions regarding non-

Commercial Division Preliminary Conferences and/or Compliance Conferences.

2. For information regarding non-Commercial Division Preliminary Conferences, please click

the following link: Preliminary Conference Part.

3. For information regarding non-Commercial Division Compliance Conferences, please click

the following link: Compliance Conference Part.

PRELIMINARY AND COMPLIANCE CONFERENCES – COMMERICIAL DIVISION

1. No appearances are required for either Preliminary Conferences or Compliance Conferences.

2. Counsel for all parties must consult prior to a Preliminary or Compliance Conference about:

(i) the resolution of the case, in whole or in part; (ii) discovery and any other issues to be

discussed; (iii) the use of Alternative Dispute Resolution to resolve all or some of the issues of

the litigation; and (iv) any voluntary and informal exchange of information (Commercial

Division Rule 8).

3. Commercial Division Preliminary and Compliance Conferences are to be conducted in the

following manner until further notice:

a. The parties shall obtain the Commercial Division Preliminary Conference Order or the

Commercial Division Compliance Conference Order from the Court website.

b. No appearance is required on the Preliminary or Compliance Conference date unless

otherwise directed.

c. All fields of the Preliminary Conference Order and/or Compliance Conference Order must

be completed by the parties. All appearing parties shall participate in completing the Order.

d. The completed Order must be signed by all parties.

e. The completed and signed Preliminary and/or Compliance Conference Order shall be

emailed to QNSCDPTC@nycourts.gov no later than 2:00 p.m. on the date of the

Preliminary or Compliance conference.

5

f. The parties should review the So-Ordered Preliminary or Compliance Conference Order in

the NYSCEF system for any changes made to the Order by the Court.

g. In the event the parties cannot agree in completing any of the fields on the Preliminary or

Compliance Conference Order, plaintiff’s counsel must email the Court (and include all

parties to the action on the email) at QNSCDPTC@nycourts.gov no later than 2:00 p.m.

on the scheduled date of the Preliminary and/or Compliance Conference, indicate that

the parties need the assistance of the Court in completing the Preliminary or Compliance

Conference Order, and request a virtual conference. A virtual conference on Microsoft

TEAMS will be scheduled by the Court for a mutually agreeable date and time. All parties

must appear at the virtual conference and possess full knowledge of the facts of the case

and authority to resolve all issues.

VIRTUAL CONFERENCES – GENERAL PROTOCOL AND DECORUM

1. All lawyers and self-represented litigants should identify themselves at the beginning of each

appearance.

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

Court personnel, is PROHIBITED.

3. Courtroom rules apply. Speak one at a time and do not interrupt other speakers, including the

Judge.

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

5. All appearing persons (attorneys, litigants, and witnesses) must appear via video, with cameras

engaged.

6. If an individual is unable to appear via video, that individual should contact the Part by email

at QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov or via phone at (718) 298-1051.

7. The parties are encouraged to log on prior to the scheduled start time of the conference to

ensure a proper and punctual appearance.

8. Lawyers, litigants, and witnesses 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.

9. ALL PARTIES ARE TO MAINTAIN THE PROFESSIONAL DECORUM OF AN IN-

PERSON COURTROOM APPEARANCE.

COMMERCIAL DIVISION CASES

1. The Note of Issue filing date is contained on the Compliance Conference Order. Stipulations

6

to adjourn the Note of Issue date must be emailed to QSCPART3@nycourts.gov or

QNSCDPTC@nycourts.gov prior to the calendared date. The Note of Issue Calendar is held

on Fridays, therefore, the proposed adjourned date must be a Friday. There are no appearances

required for the filing of the Note of Issue.

2. The Part will contact the parties listed on NYSCEF, the week prior to the calendared Pre-Trial

Conference date, and arrange for a virtual Pre-Trial Conference.

3. The parties shall comply with the relevant pre-trial conference and trial rules as required by 22

NYCRR §202.70.

4. Any party intending to make a motion in limine shall fully comply with Rules 27 of 22 NYCRR

§202.70. Motions in limine which are not timely made will not be considered by the Court.

5. Pursuant to Rule 30 of section 202.70(g) of the Uniform Rules for the Supreme and County

Courts (the Rules of Practice for the Commercial Division), following the filing of a Note of

Issue, the parties in every case pending in the Commercial Division must confer and file a

request to proceed to a court-ordered mandatory settlement conference (MSC) pursuant

to one of the four tracks set forth in Rule 303.

Following the filing of a Note of Issue, the Part Clerk will notify the parties by letter of

the requirement to request an MSC. The parties must thereafter e-file, and email the Part

at qnscdptc@nycourts.gov, within ten (10) days of the date of filing of the notification by

the Part Clerk, either a joint request or separate requests for an MSC, with a statement

of preferred procedure for an MSC track.

The failure to comply with the Part Clerk’s letter may delay this action being scheduled in the

assigned Commercial Divisions Part’s Pre-Trial and/or Trial calendar(s).

6. Where a party is represented by counsel, an attorney fully familiar with the case shall appear

at the Pre-Trial Conference.

7. A firm trial date will be set at the Pre-Trial Conference. Any application for an adjournment of

the trial must be made at least one (1) week before the date set for trial, and will only be granted

upon a showing of good cause.

TRIALS

1. All parties appearing for trial (or a 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, each party shall

3 Unless exempted as set forth in Rule 30 of section 202.70(g) of the Uniform Rules for the Supreme and County

Courts (the Rules of Practice for the Commercial Division).

7

submit to the Court hard copies of the following:

a. marked pleadings;

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, or Jury

Instructions in Commercial Litigation.

The Witness List, Proposed Verdict Sheet and Jury Instruction Request must contain the

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

Parties must also provide a copy of the aforementioned to all other parties.

3. Motions in limine (non-Commercial Division cases) – On the first appearance in the Part for

trial, any party intending to make a motion in limine shall submit a brief affirmation setting

forth the nature of the application and any supporting statutory or case law. The party shall

furnish the Court with the original affirmation and provide all parties with a copy.

Any opposition to the motion in limine shall be submitted to the Court, and a copy provided to

all parties, the next business day following submission of the motion in limine.

4. The trial will be conducted on a continuous daily basis until its conclusion, unless otherwise

instructed by the Court. Tort actions are generally bifurcated. The Court expects that any trial

on damages will follow immediately after a verdict in favor of the complaining party on

liability.

5. No adjournments or delays during the trial will be permitted absent exigent

circumstances.

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

trial, 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.

VIRTUAL BENCH TRIALS

For Virtual Bench Trial Protocols and Procedures, please click this link: Virtual Bench Trial

Protocols and Procedures Manual.

SUMMARY BENCH TRIALS AND SUMMARY JURY TRIALS

For information on Summary Bench Trials, please click this link: Summary Bench Trials Rules

8

and Procedures.

For information on Summary Jury Trials, please click this link: Summary Jury Trial Rules and

Procedures.

ALTERNATIVE DISPUTE RESOLUTION (ADR)

1. If, at any point, the parties decide that they would benefit from Alternative Dispute Resolution

(ADR), they should submit a Mediation Stipulation to the Part via email to

QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov.

2. The Court may also order the 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 the following link: Alternative Dispute Resolution.

SETTLEMENTS AND DISCONTINUANCES

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

notify the Court by submission of a stipulation of settlement or discontinuance to

QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov.

2. All stipulations of discontinuance must be accompanied by proof of filing of same with the

County Clerk and payment of the appropriate fee pursuant to CPLR §8022(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 system AND email the letter or

stipulation to QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov.

SUBPOENAS

A party seeking to have a subpoena signed by Judge Risi must submit the subpoena, with a

brief (not more than 2 pages) accompanying affirmation of explanation, to the Part e-mail at

QSCPART3@nycourts.gov or QNSCDPTC@nycourts.gov.

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 by CPLR §1208 and 22 NYCRR §202.67.

Applications submitted without the appropriate documentation will be denied.

2. Infant compromise hearings will be scheduled by the Court and the parties will be notified of

the hearing date by email.

3. Instructions for filing an Infant’s Compromise and the checklist of documents can be found at

the following link: Infant Compromise Instructions.

9

UNCONTESTED MATRIMONIALS

1. If corrections are requested on an e-filed case, please email the Part at

QSCPART3@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.

Updated as of July 7, 2026

10