Hon. Robert Caloras — Part 36 Rules

PART 36 – RULES, PRACTICES, AND PROCEDURES

JUSTICE ROBERT I. CALORAS

Supreme Court of the State of New York, Civil Term Part

36 Courtroom 46

88-11 Sutphin Boulevard, Jamaica, New York 11435

Part Clerk/Courtroom (718) 298-1682

Chambers (718)298-0083

Part 36 Email: QSCPART36@nycourts.gov

Presiding Justice: Hon. Robert I. Caloras

Principal Law Clerk: Debra Edwards, Esq.

Assistant Law Clerk: Paige Green, Esq.

Part Clerk: Camille Montefusco

IAS Motion Support Office: (718)298-1009

Ex-Parte Office: (718)298-1018

Matrimonial Office: (718)298-0950

Trial Scheduling Part: (718)298-1048

Court Help Center: (718)298-1024,

courthelpqueens@nycourts.gov

GENERAL

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

by email and sent to QSCPart36@nycourts.gov.

2. If an action assigned to Part 36 has been settled, discontinued, and/or a pending motion has

been resolved, please inform the Court by email sent to QSCPart36@nycourts.gov., and cc’d

to ALL parties.

3. Part 36 is entirely a paperless, e-filing part. Justice Caloras does not accept working copies of

motions/documents. DO NOT MAIL IN ANY COURTESY COPY OF PAPERS as they will

be discarded.

4. 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 the following

Queens County Supreme Court, Civil Term | New York Courts

COMMUNICATIONS WITH PART 36 AND CHAMBERS

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

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 to the Part Clerk at (718) 298-1682 or by

email at QSCPart36@nycourts.gov All emails to Chambers must include in the subject line the

name of the matter and the Index Number and also be sent to all parties.

3. Do not send any letters, documents, papers, mail, or facsimile unless expressly permitted by

these Practice Rules or by prior approval of the Court to the Part or Chambers.

ELECTRONIC FILING

1.All cases in Part 36 are required to be electronically filed through the New York State Courts

E-Filing (NYSCEF) system. This can be done at the initiation of the case or by conversion after

commencement without the E-Filing system. Attorneys are expected to familiarize themselves

with NYSCEF procedures at http://iapps.courts.state.ny.us/nyscef/Login. For more information

on e-filing rules, parties may also visit the following websites:

http://www.nycourts.gov/courts/1jd/supctmanh/efiling.shtml,

Or Queens Supreme Court E-Filing | New York Courts

2. The tracking service “e-Track” enables parties to track active Civil Supreme Court cases and

to receive notice of scheduled appearances. Parties and/or their counsel must be registered for

the e-Track service for all Part 36 cases. To register or log-in, please visit the following eTrack

(state.ny.us)

3. Please do not send courtesy copies to Part 36 of any documents that were e-filed, other than a

Stipulation requiring Justice Caloras’ signature. If submitting a Stipulation for signature, such

must be e-filed with NYSCEF and sent by email to QSCPart36@nycourts.gov

4. All orders and judgments submitted pursuant to a memorandum decision issued by this Court

must be submitted, in hard copy form, to the Motion Support Office.

ORDERS TO SHOW CAUSE and EMERGENCY APPLICATIONS

1.When an emergency application is e-filed, the moving party must contact the Ex Parte

Department by telephone to inform the clerk that an emergency application has been e-filed.

ExParte Support Office (718) 298-1018

The application must be accompanied by a separate “Emergency Affidavit” which does not seek

the underlying relief requested but rather addresses:

i. why the application must be entertained forthwith, and

ii. why the application could not have been brought to the court’s attention earlier

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

202.7(f) concerning notification.

3. For up-to-date information regarding Orders to Show Cause and Ex-Parte Orders please visit the

following link: Queens Supreme Court Ex-Parte | New York Courts

MOTION CALENDAR

1. All motions shall be made returnable and heard on Wednesday at 10:00 a.m. THE

MOTION CALENDAR WILL BE ON SUBMISSION ONLY WITHOUT PERSONAL

APPEARANCES. ALL PARTIES ARE STRONGLY URGED TO SUBMIT MOTIONS

THROUGH THE E-FILING SYSTEM. WORKING COPIES OF MOTION PAPERS

ARE NOT ACCEPTED.

2. The Court will not accept Motion Submission Forms.

3. Any requests for an adjournment shall be done as set forth below in the adjournment section.

4. Stipulations regarding pending motions must be e-filed at least one (1) business days prior to

the calendared date and time.

5. The Court, upon its discretion, shall schedule a conference or oral argument after submission

of Orders to Show Cause and motions. Any requests for a conference or oral argument must

be submitted by email to Chambers at QSCPART36@nycourts.gov at least two (2) business

days prior to the return date of the Order to Show Cause or motion. All emails to Chambers

must include in the subject line the following: name of the matter, Index Number, motion

sequence number, and return date of the Order to Show Cause or motion.

6. All motion papers submitted to the Court shall comply with 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.

7. The Court will not consider papers e-filed or sent to Chambers, or to the Part, after

submission of the motion or cross motion(s) without consent of the Court.

8. If the motion has not been E-filed, then courtesy copies of the notice of motion, affirmations,

and affidavits of all moving and answering papers must be sent in Word format, and all

Exhibits must be sent as a PDF as an email attachment to QSCPART36@nycourts.gov The

name of the case, Index Number, submission date, and motion sequence number must be set

forth in the subject line of the email. However, see #1 above.

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

or a day on which the Part is closed. Information will be available on E-Courts. Should the

Part administratively reschedule, the movant will be responsible for notifying all parties of

the administratively rescheduled date and providing proof of same to the Part on the

rescheduled adjourn date.

10. A sur-reply shall not be permitted without prior consent of the Court.

11. Any video submitted as a motion’s Exhibit must be on a USB drive and mailed to Chambers

with an affidavit of service establishing that the USB drive was served upon all appearing

parties.

ADJOURNMENTS OF MOTIONS

1. Motions may be adjourned on consent provided a written stipulation of all parties is submitted

to the Part Clerk no later than one (1) business days prior to the calendar date and time by

email at QSCPART36@nycourts.gov All emails to Chambers must include in the subject line

the following: name of the matter, Index Number, motion sequence number, and return date of

the motion. All stipulations must be fully executed by all parties consenting to the

adjournment date.

2. Applications for adjournments made less than one (1) business days prior to the scheduled

date will be denied, except for a reason pursuant to Rules of Chief Administrative Judge Rule

125.1, medical emergency, other exigent circumstance or unavailability of the Court. All

adjournments are subject to final approval by the Judge in advance of a scheduled Court

appearance as per this Part’s Rules.

3. Absent extenuating circumstances, consent adjournments shall be limited to two (2).

Thereafter, the parties MUST contact the Part Clerk via email at QSCPart36@nycourts.gov if

seeking any further adjournments. All emails to the Part Clerk must include in the subject line

the following: name of the matter, Index Number, motion sequence number, and return date of

the motion.

SETTLEMENT CONFERENCES AND DISCOVERY DISPUTES

1. If the parties are exploring settlement of the case and would like a settlement conference

for the sole purpose of exploring resolution of the case, the parties may send an email to

QSCPart36@nycourts.gov with a cc to ALL to request a virtual settlement conference.

2. At this time all conferences will be conducted by means of Microsoft Teams, at the

discretion of the Court.

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

assigned Compliance Conference Judge. For more information, click this link

https://www.nycourts.gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/comp_conf_notice.pd

f

PRELIMINARY and COMPLIANCE CONFERENCES

1. Part 36 does not hold Preliminary Conferences or Compliance Conferences. DO NOT CALL

CHAMBERS with questions regarding Preliminary Conferences and/or Compliance

Conferences.

2. For information regarding Preliminary Conferences please click the following link:

pc_announcement_instr.pdf (nycourts.gov)

3. For more information regarding Compliance Conferences please click the following link:

https://www.nycourts.gov/LegacyPDFS/COURTS/11jd/supreme/civilterm/comp_conf_notice.

pd f

a. Effective February 7, 2022, Compliance Conference Orders will be automatically

generated by the assigned Compliance Conference Part.

b. The So-Ordered Compliance Conference Order will be forwarded to the County Clerk. A

copy can be obtained via NYSCEF for E-filed cases or from the County Clerk, for non-E-filed

cases.

No appearance is required.

c. Parties should refer to the assigned Justice Part Rules for further guidance. The following

email addresses may be used to contact the Compliance Conference Parts: CSCP1@nycourts.gov –

Hon. Joseph J. Esposito

CSCP2@nycourts.gov – Hon. Alan Schiff

CSCP3@nycourts.gov – Hon. Claudia Lanzetta

CSCP4@nycourts.gov – Hon. Delsia G. Marshall

VIRTUAL CONFERENCES – GENERAL PROTOCOLS

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

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

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

Judge.

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

personnel, is PROHIBITED.

5. Judges, attorneys, pro-se litigants, and non-parties should make every effort to appear via

video, with cameras engaged. Telephonic appearances should be limited to litigants who are

unable to appear 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 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

QSCPart36@nycourts.gov

TRIALS

1. Upon assignment to Part 36, all parties appearing for trial must be familiar with the case,

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

2. All counsel must submit to the Court, in word processing format, prior to the commencement

of trial, marked pleadings, proposed jury instructions and a proposed verdict sheet via email at

QSCPart36@nycourts.gov . Hard copies of the above shall not be accepted by the Court.

3. Counsel or Pro Se litigants must provide EBT transcripts if any part of the deposition is to be

read into evidence.

4. All trial exhibits shall be pre-marked for identification, and where possible, parties shall

stipulate to the admissibility of all clearly admissible documents and records.

5. All counsel must know the availability of all witnesses who they intend to call during trial.

6. Motions in limine - On the first appearance in the Part for trial, any party making a motion in

limine may do so upon oral application or shall submit a brief written affirmation setting forth

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

opposing party shall furnish one copy to all parties. Additionally, a courtesy copy of the

motion in limine, answering papers and any supporting papers and/or exhibits must be sent in

Word format, and all Exhibits must be sent as a PDF as an email attachment to

QSCPART36@nycourts.gov The name of the case, Index Number, and the word “trial” must be

set forth in the subject line of the email.

7. The trial is expected to 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.

8. No adjournments or delays during trial will be accepted absent good cause.

9.The procedure for Virtual Bench Trials is available at the following website:

Virtual Bench Trial Protocols and Procedures Manual

SUMMARY JURY TRIALS

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

SETTLEMENTS 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 QSCPart36@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)].

INFANT COMPROMISE ORDERS

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. Infant

compromise hearings will be scheduled by the Court, and the parties will be notified of the

hearing date by email. All counsel seeking the checklist for documents and information that

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

ICO CheckList2.PDF

ALTERNATIVE DISPUTE RESOLUTION

1. If, at any point, the parties decide that they would benefit from the 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. The Court may also order parties to the ADR program without the parties’ request or consent.

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

Dardis, Esq. at qscadr@nycourts.gov, or visit

Alternative Dispute Resolution (ADR) | NYCOURTS.GOV

UNCONTESTED MATRIMONIAL MATTERS

As to Non-E-Filed Matrimonial matters, any corrections to those papers that were directed by

Chambers by letter, Memorandum, or Order must be submitted directly to the Part Clerk or

mailed to Chambers in accordance with the requirements and dates set forth in the letter,

Memorandum, or Order.

Updated: May 29, 2025