Hon. Wyatt N. Gibbons — Part 25 Rules

New York State Supreme Court –Queens County –Guardianship Part 25G

HON. WYATT N. GIBBONS-PART 25G

PART RULES

88-11 Sutphin Boulevard Principal Law Clerk: Schuyler J. Gordon, Esq.

Courtroom 41 Secretary: Debra Konecko

Jamaica, NY 11435

Courtroom Phone:(718) 298-1925 Email: QSCPart25@nycourts.gov

Chambers Phone:(718) 298-1548 Virtual Courtroomfor Motion Calendar ONLY:

https://tinyurl.com/QSCPart25Motions

I. Orders to Show Cause to Appoint a Guardian:

A) Contact Information for Interested Parties: Petitioner’s attorney must submit a list of email

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

QSCPART25@nycourts.gov–seven (7) days prior to the hearing date.

B) Microsoft Teams: All parties must be able to appear remotely - by both audio and video – on the

return date scheduled. Microsoft Teams is the teleconferencing platform used by the New York

State Unified Court System. Teams can be accessed via desktop app on Windows, MacOS, or

Linux; through a compatible web browser such as Microsoft Edge or Google Chrome; or via mobile

app. All parties and counsel are responsible for ensuring their systems are functional and

compatible with Microsoft Teams in advance of the hearing date.More information is available

at https://www.microsoft.com/en-us/microsoft-365/microsoft-teams/download-app

C) Attendance of AIP at Remote Conference: Petitioner’s attorney shall be responsible for ensuring

the Alleged Incapacitated Person (“AIP”) has the capability to appear via Microsoft Teams on the

hearing date, unless the AIP’s appearance has been previously waived. If the AIP requires the

assistance of an interpreter to participate in the hearing, the Petitioner must notify the Court

seven (7) days prior to the hearing date.

D) Adjournment by Stipulation: Applications for adjournments must be by stipulation signed by all

parties and the Court Evaluator/Attorneyfor the AIP, as well as approved by the Court prior to the

date the matter appears on the calendar. All stipulations of adjournment must indicate whether the

Alleged IncapacitatedPerson will suffer any harm by the adjournment. Please contact the Part via

email – QSCPART25@nycourts.gov or 718-298-1548 to discuss available adjourn dates before

entering into the Stipulation.

E) Court Evaluator Reports: The Report of the Court Evaluator shall be emailed to

QSCPART25@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.

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New York State Supreme Court –Queens County –Guardianship Part 25G

F) Affidavits of Service: 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.

G) Legal Fees: Counsel seeking legal fees must ensure their Affirmations of Legal Services are E-

Filed AND emailed to QSCPART25@nycourts.govon or before the noticed settlement date of the

Order and Judgment. Affirmations of Legal Services should include detailed timesheets, and a

summary of hours worked for each attorney or paralegal. Failure to timely submit Affirmations of

Legal Services may result in denial of fee applications. Under no circumstances will an Order and

Judgment be held more than fourteen (14) days from its noticed settlement date to await

Affirmations of Legal Services.

II. Motions:

A) Motion Date:All Motions/Petitions other than to appoint a Guardian are heard on Tuesdaysat 9:30

A.M. The motion calendar will be called remotely in a Microsoft Teams meeting, and can be

accessed at https://tinyurl.com/QSCPart25Motions. All parties and counsel are responsible for

ensuring their systems are functional and compatible with Microsoft Teams in advance of the

motion date. See Rule I (B) formore information.

B) Notice of Motion: The Notice of Motion MUST indicate that the return date will be a virtual

appearance, and MUST include the link to the motion calendar on the first page

(https://tinyurl.com/QSCPart25Motions.)

C) Scheduling:Prior to filing a motion, please contact the part via email -QSCPART25@nycourts.gov

for the next available motion date.

D) Contact Information for Interested Parties:The movant/movant’s attorney MUSTalsosubmit the

Guardianship Motion Submission Form providing a list of email addresses for all parties required

to receive notice, including all pro-se parties, to the part via email-QSCPART25@nycourts.gov–

seven (7) days prior to the return date of the motion.

E) Waiver of Appearance for Self Represented Litigants: If pro-se parties do not oppose the relief

requested and are unable to appear virtually, a signed, notarized waiver of the party’s objections

and right to appear must be electronically filed with the Court prior to the return date.

F) Petitions for the sale of real property must include the publication provision pursuant to Real

Property Actions and Proceedings Law (“RPAPL”) § 1722. The publication must include a

provision that directs any potential bidders to provide his/her email address to the Part via email -

QSCPART25@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 befilled in by the Court.

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New York State Supreme Court –Queens County –Guardianship Part 25G

III. All Other Filings:

A) All Proposed Orders in E-Filed Cases MUST be E-Filed. After E-filing a proposed order,

Counsel must send an email to GUARDIANSHIPQUEENS@nycourts.gov to alert them to the

filing. The email should include the AIP’s name, the index number of the matter, and the NYSCEF

document number of the proposed order.

B) Allother filingson cases not yet converted to E-Fileshould be mailed to the courthouse, Attention:

Guardianship Department. NO FILINGS SHALL BE MAILED DIRECTLY TO

CHAMBERS.

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Rev. June 24, 2022