Hon. Scott Dunn — Part 5 Rules

Civil Term - Part Rules, Part 5/MFP

Justice Scott Dunn

25-10 Court Square

Long Island City, NY 11101

Principal Law Clerk

Benjamin Kaplan, Esq.

Assistant Law Clerk

Daniella Giller

Part Clerk

Mordecai Silver

Part 5 Contact Email:QSCPART5@nycourts.gov

IAS Motion Support Office (718) 298-1009

Ex Parte Support Office (718) 298-1018

Trial Scheduling Part (718) 298-1048

DCM Clerk’s Office (718) 298-1140

Courtroom

(718) 298-1668

Chambers

(718) 298-1608

General

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

made via email to QSCPart5@nycourts.gov and NOT to chambers. The Court retains

exclusive authority for resolving all issues, substantive, procedural or otherwise, in Part 5.

2. Please notify the Court, especially while a motion is pending before Justice Dunn, if the

action has been settled, discontinued, and if the motion has been resolved, by e-filing the

disposition, and via email to QSCPart5@nycourts.gov, and cc: to ALL parties to the action.

3. The parties are required to familiarize themselves with the new Uniform Civil Rules for

the Supreme Court and the County Court. Please refer to this link: Uniform Civil Rules.

http://ww2.nycourts.gov/rules/trialcourts/index.shtml

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:

http://ww2.nycourts.gov/courts/11jd/supreme/civilterm/index.shtml

Communications with Chambers

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

Principal Law Clerk, Assistant Law Clerk and Part Clerk cannot engage in any ex parte

communications.

2. Absolutely no telephone inquiries concerning pending cases, including motions or

applications, may be made to chambers. Such inquiries or concerns must be addressed to

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the Part Clerk at (718) 298- 1668 or via email at QSCPart5@nycourts.gov. The Court

retains exclusive authority for resolving all issues, substantive, procedural or otherwise, in

Part 5.

3. Do not send any letters, documents, papers, mail, or facsimile for e-filed cases unless

expressly permitted by these Practice Rules or by prior approval of the Court to the Part or

chambers.

4. Letters and/or correspondence in lieu of a motion, order to show cause, etc. will not be

entertained or acknowledged unless prior authorization is received from the Court.

5. Any and all communications with chambers, authorized by the Court, shall include

all parties.

Motions

1. Motions assigned to Part 5, shall be made returnable and noticed to be heard before the

Hon. Scott Dunn, Part 5, on Thursdays at 10:00 A.M.

2. The motion calendars are on submission only, unless otherwise directed. As such, neither

appearance, nor hard copies are required.

3. Any requests for an adjournment must be e-filed and emailed to QSCPart5@nycourts.gov.

Requests for adjournment shall be filed at least 3 days prior to the Court date, unless good

cause for the late filing is shown.

4. Any requests for oral argument, which will be held virtually, unless otherwise directed,

must be requested via email to QSCPart5@nycourts.gov. It is within the discretion of the

Judge whether oral argument shall be granted. You will be notified if argument is granted.

Please note that Teams is the only platform which can be used for virtual oral

argument.

5. Please do not call the Judge’s chambers or the Part 5 Clerk to request an

adjournment. Additionally, as a reminder, please remember to e-file all stipulations. The

moving party will be responsible for ascertaining the new motion date and notifying all

parties entitled to notice. Parties should check e-courts for the new date of any motions that

may have been adjourned. The Court may administratively reschedule any application or

motion. 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 adjournment date. E-courts is updated on a continuous basis.

6. Motions for Summary Judgment shall not stay disclosure (cf. CPLR 3214 [b]), unless a

stay is granted by the Court.

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Form of Motions

1. All motion papers submitted to the Court shall be in compliance with 22 NYCRR § 202

(Uniform Civil Rules For The Supreme Court & The County Court).

2. All motions shall be accompanied by a proposed Order, or, where applicable, a proposed

Judgment. In foreclosure actions, proposed judgments must conform to the Queens County

Foreclosure & Sale Judgment Template, available at:

https://www.nycourts.gov/LegacyPDFS/courts/11jd/supreme/civilterm/foreclosure_sale_j

udgement.pdf

3. The Court does not accept sur-replies unless specifically requested by the Court.

Status of Decisions

Decisions or Orders can be retrieved on-line or at the Queens County Clerk’s office located in the

Jamaica courthouse, Room 106. Further inquiries should be directed to the Foreclosure Support

Office at 718-298-1092, the Motion Support Office at 718-298-1009, or the Ex-Parte Support

Office at 718-298-1018.

Status Conferences and Settlement Conferences

Status conferences and settlement conferences can be requested by emailing,

QSCPart5@nycourts.gov. It is within the discretion of the Judge whether a conference is granted.

You will be notified if you have been granted a conference with the Court. Conferences will be

held through the Microsoft Teams platform unless an in person appearance is authorized. All

attorneys and pro se litigants should familiarize themselves with Microsoft Teams. Please make

sure to double check all necessary links and verify that you have a strong internet connection that

can support video conferences through Microsoft Teams.

Alternative Dispute Resolution (ADR)

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

Resolution Program (ADR), they should write a joint letter to the Court, filed on NYSCEF,

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 without the parties’ request or consent.

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3. For more information regarding the ADR, please visit the following link: Queens

Alternative Dispute Resolution (ADR) | New York Courts

Trials

Pre-trial conferences will be held virtually through Microsoft Teams prior to the commencement

of every trial unless otherwise directed by the Court. At this conference, counsel for the parties

should be prepared to:

- Negotiate, and if possible, enter into a settlement of the action;

- Advise the Court as to any anticipated disputes of law and fact, and provide the Court with

copies of all statutory or caselaw authority upon which they intend to rely; and

- Draft a joint pretrial order which shall include:

• Undisputed facts and the admissibility of any documents and/or records;

• Anticipated motions in limine which counsel intends to make;

• Scheduling and availability of witnesses and subpoenaed documents; and

• Any anticipated problems regarding the attendance at trial of parties, attorneys, or

essential witnesses, as well as any other scheduling issues.

As directed by the Court, but at least three days prior to the commencement of trial, counsel must

submit to the Court by overnight mail and by email, the following documents:

- Marked Pleadings

- Bill of Particulars

- Witness List (including availability of witnesses)

- Exhibit List (pre-marked for identifications)

- Exhibits, in a bound exhibit book, separated by exhibit number/letter.

Trials, once commenced, shall continue day-to-day until concluded. No adjournments will be

granted during trial except under exigent circumstances, in the Court’s discretion. It is incumbent

upon trial counsel to marshal their evidence prior to the commencement of trial.

Motions in limine should be made in writing, and submitted by email, to QSCPart5@nycourts.gov,

at least three (3) days before trial. Parties may support such motions by a concise (3-5 pages)

written Memorandum of Law to be submitted to the Court and provided to opposing counsel, as

well as copies of any cases cited and the pages of any treatises cited therein. All prior decisions

and orders relevant to a motion in limine must be provided to the Court.

Counsel must advise the Court of any logistical concerns or subpoenaed material in advance of

the trial date, so as not to delay the trial. Requests for interpreters must be made to the Court,

Part Clerk, and Judge’s Law Clerks immediately upon assignment of the case to the Part.

Stays, Withdrawals, Settlements and Discontinuances

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The parties shall notify the Court immediately, in writing and by filing on NYSCEF, of any stays

imposed or lifted. The movant shall notify the Court immediately, in writing, of the withdrawal

of any pending motion or application. All cases that had been stayed due to the filing of Hardship

Declaration should be immediately restored to the active conference and motion calendars. (See

A.O. 35/22).

If an action is settled, discontinued, or otherwise disposed of, counsel shall immediately e-file it

on NYSCEF. All Stipulations of Discontinuance must be accompanied by proof of payment of the

appropriate fee.

Infant Compromise Orders (ICOs)

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. Infant

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

date by Court Notice on NYSCEF and by email.

Uncontested Matrimonial Applications

The Court will expeditiously review and determine all uncontested matrimonial applications it

receives. If the application is incomplete or needs corrections, the Court will notify the Parties via

Order or Notice of Defect. Unless otherwise directed, the parties will be allowed thirty (30) days

to correct the deficiencies. Required corrections must be uploaded to NYSCEF and emailed to

QSCPart5@nycourts.gov to inform the Part that the corrections have been made (Failure to

provide the additional information or corrections may result in dismissal of the action without

prejudice).

Virtual Conferences Generally

1. All virtual conferences will be held through the Microsoft Teams platform.

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

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

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

personnel, is PROHIBITED.

Updated Part 5/MFP Rules as of May 27, 2025

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