Hon. Lumarie Maldonado Cruz — Part 8 Rules

HON. LUMARIE MALDONADO CRUZ

NewYorkStateSupremeCourt–QueensCounty

Guardianship Part 8G and Part 8

88-11Sutphin Blvd. Prin.LawClerk:ChristinaBorges, Esq.

Courtroom 47 Secretary: MargaretSteinman

Jamaica, NY 11435 Clerk: KathleenDavies

Telephone: (718) 298-1123

PartEmail: QSCPART8@nycourts.gov

GENERAL RULES

ALL COUNSEL MUST APPEAR IN-PERSON FOR ALL CALENDARED MATTERS

UNLESSSPECIFACALLYEXCUSED. PleaseseeMOTIONS section forany exceptions.

IMPORTANTNOTE:IndividualCourtPartsdonotreceivenotificationswhen

E-filed papers are entered into the Queens County Clerk - NYSCEF system. Any papers

that the Part 8G court must take action on parties should notify the Guardianship

Department via email guardianshipqueens@nycourts.gov and for Part 8 parties should

notify the part via email at QSCPart8@nycourts.gov.

A. All questions regarding motions, orders to show cause, adjournments,

calendar calls, and scheduling should be made via email at

QSCPart8@nycourts.gov.

B. AllschedulingandcalendarmattersshallbebroughttotheattentionoftheSecretaryof

Part 8G at (718) 298-1080.

C. Requests for adjournment should be made no less than one week prior to the

return date by writing to QSCPart8@nycourts.gov, with a CC of the email

sent to all parties. Failure to do so will result in an in-person appearance

seeking adjournment.

D. Please notify the Court, especially while a motion is pending, if the action

hasbeensettled,discontinued,and/orthemotionhasbeenresolvedviaemail

at QSCPart8@nycourts.gov with a cc to ALL parties.

E. No telephone inquiries concerning motions or applications may be made to Chambers,

no exceptions.

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F. Telephone calls regarding Orders and Procedures are to be directed to the

Guardianship Office at (718) 298-1040.

G. Ifanyofthepartiesrequiretheassistanceofaninterpretertoparticipateinthehearing,

you must include the request in your petition and order to show cause. In addition,

you must notify the Court no less than ten (10) days prior to the hearing date.

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

Maldonado Cruz, her Principal Law Clerk, Secretary, and Part Clerk may not engage

in any ex parte communications.

I. Please do not include the Justice’s Principal Court Attorney in any email

correspondence between counsel/parties unless specifically directed to do so

by Chambers.

J. Donotsendanyletters,documents,papers,mail,orfacsimileunlessexpressly

permitted bythese Practice Rules or byprior approval of the Court to the part

or Chambers.

K. Copiesofcorrespondencebetweencounselshould notbesenttotheCourtassamewill

not be placed in the Court’s file.

ELECTRONIC FILING

A. All cases in Part 8 and 8G 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 | New York Courts .

B. Toconvert anon-e-filed caseto e-filing:

a. With Consent of all parties - the parties can execute the Stipulation and Consent

to E-Filing form which can be obtained at this link: Stipulation and Consent to

Efiling Form and send it to efile@nycourts.gov.

b. WithoutConsentofallparties -Ifapartyisunabletoobtainconsent from allthe

parties,thepartyrequestingconversioncansubmit anapplicationnot theCourt -

3Form28whichcanbefoundbyclickingthislink:LetterApplicationtoConvert

Pending Action to E-Filing.

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c. TherequestingpartymustserveallpartiestotheactionwithForm28.Thenemail

a copy of the Form and proof of service to efile@nycourts.gov. Once submitted

the Queens County Clerk will send the application to Justice Maldonado-Cruz’s

Chambers to approve or deny.

d. Note: “eTrack”is acasetracking servicethatenablespartiestotrackactiveCivil

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

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

C. Please do not send courtesy copies of any documents that were e-filed to chambers,

unless directed otherwise.

EMERGENCY ORDERS

A. EmergencieswillbeprocessedbytheGuardianshipOfficeinRoom100orintheExparte

Office in room 140 for non-guardianship cases.

B. All emergency applications will be made to Part8/8G. If the Judge is unavailable, an

Emergency Judge is available to hear emergency/essential applications. The application

must be accompanied by a separate “Emergency Affidavit” that does not pray for the

underlying relief requested, but, rather, address:

C. whytheapplication mustbeentertainedforthwith, and,

D. whytheapplication could not havebeenbrought totheCourt’s attention earlier.

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

202.7(f) concerning notification.

F. For up-to-date information regarding Orders to Show Cause and Ex-parte Orders, visit

Queens Supreme Court Ex-Parte | New York Courts

ORDERTO SHOW CAUSE TO APPOINTA GUARDIAN

A. ContactInformationforInterestedParties:Petitioner’sattorneymustsubmitalistofemail

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

QSCPART8@nycourts.gov --seven (7) days prior to the hearing date.

B. AdjournmentbyStipulation: Applicationsforadjournmentsmustbebystipulationsigned

byallpartiesandtheCourtEvaluatorandAttorneyfortheAIP(ifany),aswellasapproved

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by the Court prior to the date the matter appears on the calendar. All stipulations of

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

bytheadjournment. Pleasecontact thePartviaemail –QSCPART8@nycourts.govorthe

Secretary at (718) 298-1080 to discuss available adjourn dates before entering the

Stipulation. Beadvisedthatallstipulationsforadjournmentaresubjecttofurtherapproval

by this court.

C. TheReport of theCourt Evaluatorshall be emailed to QSCPART8@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. If the matter has not been converted to e-file, the original

Report of Court Evaluator shall be mailed, or hand delivered to the Guardianship

Department for Filing.

D. Affidavits of Service of the Order to Show Cause must be filed with the Guardianship

Department or by e-file no later than ten (10) days prior to the return date.

MOTIONS

MotionDate: AllMotions/PetitionsotherthantoappointaGuardianareheardon Thursdaysat

10:00 A.M. Please contact the part via email QSCPART8@nycourts.gov for the next available

motion date.

A. Notice of Motion: The Noticeof Motion MUST indicate that the return date will be a an

in person appearance for 10:00 A.M.

B. Waiver of Appearance for Pro se/ Self-Represented Litigants: If pro-se parties do not

oppose the relief requested, a signed, notarized waiver must be filed with the Court prior

to the return date via email -QSCPART8@nycourts.gov .

C. Please note motions to Settle Final Accounts should be made by an Order to Show Cause

and may be accepted on submission only if unopposed.

D. The court will make concessions for virtual appearances for good cause only on a case by

caseevaluation,withatleasttwoweeksnotice. Failuretoabidebythesettimeframe,will

constitute a waiver of future requests for virtual accommodations.

E. Petitions for the Sale of Real Property must include the publication provision pursuant

toRealPropertyActionsandProceedingsLaw(“RPAPL”)§1722. Thepublicationmust

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includeaprovisionthatdirectsanypotentialbidderstoprovidehis/hername,address and

telephone number to the Part via email –QSCPART8@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

appointed by the court.

F. Any attorney that utilizes any form of Artificial Intelligence (“AI”) including, but not

limited to ChatGPT, Lexis AI, AI Lawyer, Juro, DocDraft, etc., in drafting documents

submittedtoPart8mustdisclosetheuseofsaidAIinthesubmitteddocumentandbefore

theCourtonthematter’s returndate,if any, and must verifythatall cited information is

accurate.

ALL OTHER FILINGS

A. AllProposedOrdersinE-FiledCasesMUSTbeE-filed. AfterE-filingaproposedorder

for a Guardianship matter, Counsel must send an email to

GUARDIANSHIPQUEENS@nycourts.gov to alert them to the filing. The email should

include the AIP/IP’s name, the index number of the matter and the NYSCEF document

number of the proposed order.

B. All other filing on Guardianship cases not yet converted to E-File should be mailed to the

courthouse, Attention: Guardianship Department. NO FILING SHALL BE MAILED

DIRECTLY TO CHAMBERS.

Updated Part 8 and 8GRules as of January20, 2026

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