Hon. Joseph Risi — Part C Rules

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

JUDGE JOSEPH RISI

Judge,NYS CourtofClaims

Acting JusticeoftheSupreme Court

SupremeCourtoftheStateofNewYork,QueensCounty

88 -11 Sutphin Boulevard, Jamaica, New York 11435

Courtroom26

Part3:QSCPART3@nycourts.gov

CommercialDivisionPartC:QNSCDPTC@nycourts.gov

PrincipalLawClerk: MichelleA.McSweeney,Esq.

AssociateLawClerk: JulianaFava, Esq.

ChambersPhone: (718)298-1568

Courtroom Phone: (718)298-1051

IAS MotionSupport Office: (718)298-1009

Ex-ParteSupportOffice: (718)298-1018

TrialSchedulingPart: (718)298-1048

Matrimonial Office: (718)298-1012

MotionCalendar: Tuesdaysat10:30a.m.(Noappearance)

TaxCertiorariCalendar: SecondTuesday ofthemonth at9:30 a.m. (Virtually)

GENERAL

1. Allattorneysandproselitigantsshould checktheseRulesregularly forany 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.DocumentsrequiringCourtaction,includingproposedordersandstipulationsmust

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 mustinclude all parties to the action.

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

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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

drivessubmittedinrelationtoamotionmustbelabeledwiththecasenameandindexnumber.

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

attorneyandanyself-representedlitigantsshouldhaveonhand,signedcopiesofallprior

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

TRIALSCHEDULINGPART

WhileJudgeRisisitsintheTrialSchedulingPart (TSP)onMondaysandTuesdays,Part3

ChambersdoesnothandleanyTSPpre-trialconferenceadjournmentrequestsoranswerquestions

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

tsp@nycourts.gov.

ELECTRONICFILING

1. AllcasesinPart3andCDPartCarerequiredtobeelectronicallyfiledthroughtheNewYork

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

withNYSCEFrules and procedures2.Formoreinformationone-filingrules,partiesmayvisit

the NYSCEF home page or the Queens Supreme Court E-Filing | New York Courts. 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 memorandum 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

partiesmustexecutethisStipulationandConsenttoE-Filingandsendthefullyexecutedform

toefile@nycourts.gov.Intheeventanypartydoesnotconsenttoconvertthemattertoe-filing,

any party may execute a LetterApplication to Convert PendingAction to E-Filing.

MOTIONPRACTICE

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 is no in-person appearance at the

2UniformRulesforTrialCourts22NYCRR§§202.5-band202.5-bb.

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motioncalendarunlessotherwisedirectedbythe Court.

2. Exceptfordiscoverymotions,nopriorpermissionisrequiredbeforemakingamotionin

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

DivisionPartCatQNSCDPTC@nycourts.govtoarrangeamutuallyconvenientdateandtime

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. Anyrequest for an adjournment must be sent via e-mail prior tothe return date of themotion.

Additionally, stipulationsto adjourn amotion must beemailedto QSCPART3@nycourts.gov

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

briefingschedule. [Applicationsforanadjournmentwillbegrantedasamatterofrightforthe

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. AlladjournmentsaresubjecttofinalapprovalbytheJudge.Allattorneysandself-represented

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

calendardateandtimeviaemailatQSCPART3@nycourts.govorQNSCDPTC@nycourts.gov.

6. Anyrequest fororalargumentand/oraconferencemustbemadeviae-mail priortothereturn

dateof themotion. The Court, upon its discretion, mayschedule 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. THECOURTWILLNOTCONSIDERPAPERSELECTRONICALLYFILEDAFTER

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. AllmotionpaperssubmittedtotheCourtmustcomplywith22NYCRR§202.5.Inadditionto

the requirements of 22 NYCRR §202.5,

a. all pagesand paragraphs of amotion mustbe 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.);

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

number;andallpapersmustbeproperlylabeledsoastogivetheCourtnoticeasto

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

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

d. all Memorandum 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-Replypapers,includingcorrespondence,addressingthemeritsofamotion,areNOT

permitted.

11.ForCommercialDivisionmotions,wordlimitsspecifiedinCommercialDivisionRule17will

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

filing of the papers.

TAXCERTIORARI

1. AllTaxCertiorarimattersshallbemadereturnablethesecondTuesdayofthemonth. TheTax

Certiorari calendar will be held virtually at 9:30a.m on the secondTuesday 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

AnyattorneyorproselitigantdesiringacopyoftheCourt’sdecisionmustobtainsamevia

NYSCEF or from the Queens County Clerk.

CONFIDENTIALITYORDER/SEALINGDOCUMENTS

1. ForCommercialDivisioncases,anyOrderregardingtheconfidentialexchangeofinformation

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. IfthepartieswishtodeviatefromtheformsetforthinAppendixBtotheRulesofPracticefor

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 Part 216. Sealing Of Court Records In

Civil Actions In The Trial Courts | New York Courts. The Court will consider applications to seal

documents only by Order to Show Cause or Notice of Motion, not by stipulation.

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DISCOVERYCONFERENCESANDDISPUTES

1. Conferencesareheld at thediscretion ofthe Court.

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

relatedmotion(i.e.,MotiontoVacateNoteofIssue,MotiontoRestore,MotiontoStrikePleadings,

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. DONOTCALLCHAMBERSORTHEPARTwithquestionsregardingnon-

Commercial Division Preliminary Conferences and/or Compliance Conferences.

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

the following link: Queens Supreme Civil Preliminary Conferences | New York Courts.

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

the following link: Queens Supreme Court Compliance Conference Part | New York Courts.

PRELIMINARYANDCOMPLIANCECONFERENCES–COMMERICIALDIVISION

1. Noappearances arerequired foreitherPreliminary ConferencesorComplianceConferences.

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)theuseofAlternativeDisputeResolutiontoresolveallorsomeoftheissuesof

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. NoappearanceisrequiredonthePreliminaryorComplianceConferencedateunless

otherwise directed.

c. AllfieldsofthePreliminaryConferenceOrderand/orComplianceConferenceOrdermust

becompletedbytheparties.AllappearingpartiesshallparticipateincompletingtheOrder.

d. Thecompleted Order must besigned byall parties.

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

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

Preliminary or Compliance conference.

f. ThepartiesshouldreviewtheSo-OrderedPreliminaryorComplianceConferenceOrderin

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 totheaction ontheemail)at QNSCDPTC@nycourts.gov no later than 2:00 p.m.

onthescheduleddateofthePreliminaryand/orComplianceConference,indicatethat

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

TEAMSwillbescheduledbytheCourtforamutuallyagreeabledateandtime.All parties

mustappearatthevirtualconferenceandpossessfullknowledgeofthefactsofthecase

and authority to resolve all issues.

VIRTUALCONFERENCES–GENERALPROTOCOLANDDECORUM

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 atime and do not interrupt otherspeakers, including the

Judge.

4. All microphonesshouldbemuted whennot in use.

5. Allappearingpersons(attorneys,litigants,andwitnesses)mustappearviavideo,withcameras

engaged.

6. Ifan individual is unable to appear via video,that individual should contact the Partby email

atQSCPART3@nycourts.govorQNSCDPTC@nycourts.govorviaphoneat(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

noiseisdetrimentaltotheconditionsnecessarytoensureanaccuratetranscriptanddiminishes

the decorum of the proceeding.

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

PERSON COURTROOM APPEARANCE.

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COMMERCIALDIVISIONCASES

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

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

QNSCDPTC@nycourts.gov prior to the calendared date. There are no appearances required

for the filing of the Note of Issue.

2. ThePartwillcontactthe partieslistedonNYSCEF,theweekpriortothecalendaredPre-Trial

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

3. Thepartiesshallcomplywiththerelevantpre-trialconferenceandtrialrulesasrequiredby22

NYCRR §202.70.

4. AnypartyintendingtomakeamotioninlimineshallfullycomplywithRules27of22NYCRR

§202.70.MotionsinliminewhicharenottimelymadewillnotbeconsideredbytheCourt.

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

therequirementtorequestanMSC.Thepartiesmustthereaftere-file,andemailthePart

atqnscdptc@nycourts.gov,withinten(10)daysofthedateoffilingofthenotificationby

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

of preferred procedure for an MSC track.

Thefailuretocomply withthePartClerk’s letter maydelaythis actionbeingscheduledinthe

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. AfirmtrialdatewillbesetatthePre-TrialConference.Anyapplicationforanadjournmentof

thetrialmustbemadeatleastone(1)weekbeforethedatesetfortrial,andwillonlybegranted

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.

3Unless 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).

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2. Prior to, but not less than one week before, the commencement of a trial, each party shall

submit to the Court hard copies of the following:

a. markedpleadings;

b. anyBill(s)of Particulars;

c. awitnesslist[including theiravailability];

d. anExhibit list;

e. anyNoticetoAdmit 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.

TheWitnessList,ProposedVerdictSheetandJuryInstructionRequestmustcontainthe

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

Partiesmustalsoprovideacopyoftheaforementionedtoallotherparties.

3. Motions inlimine(non-Commercial Division cases) –On thefirst appearanceinthePartfor

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.

AnyoppositiontothemotioninlimineshallbesubmittedtotheCourt,andacopyprovidedto

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

instructedbytheCourt. Tort actions aregenerally bifurcated.TheCourt expects that anytrial

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. Counselandanyself-representedlitigantshalladvisethePartbye-mailonemonthpriortothe

trial,iftheservicesofanyforeignlanguageinterpreterisrequiredforanypartyorwitness,and

ifso, what language(s), and ifanyaccommodation(s)and/orspecial equipment is requiredfor

any attorney, party or witness.

VIRTUALBENCHTRIALS

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

Protocols and Procedures Manual.

SUMMARYBENCHTRIALSANDSUMMARYJURYTRIALS

ForinformationonSummaryBenchTrials,pleaseclickthislink:Queens Supreme Summary Trial

| New York Courts

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ForinformationonSummaryJuryTrials,pleaseclickthislink:Queens Supreme Summary Trial |

New York Courts

ALTERNATIVEDISPUTERESOLUTION(ADR)

1. If,atanypoint,thepartiesdecidethattheywouldbenefitfromAlternativeDisputeResolution

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

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

2. TheCourt may also order thepartiestoADR 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: Queens Alternative Dispute Resolution (ADR) |

New York Courts.

SETTLEMENTSANDDISCONTINUANCES

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

Aparty 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.

INFANTCOMPROMISEORDERS

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 forfilingan Infant’s Compromiseand thechecklistofdocuments canbefound at

the following link: Infant Compromise Instructions.

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UNCONTESTEDMATRIMONIALS

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.

UpdatedasofSeptember17,2025

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