Hon. Ralph Porzio — Part MP-10 Rules

RICHMOND COUNTY SUPREME COURT

Matrimonial Part 10 RULES

Effective: August, 2026

Hon. Ralph J. Porzio

26 Central Avenue, Rm. 430

Staten Island, NY 10301

Chambers: 718-675-8640 Courtroom: 718-675-8646

Law Clerk: James Gandia, Esq. JGandia@nycourts.gov

Secretary to Judge: Debbie Ericksen DErickse@NYCourts.gov

Part Clerk: Dylan Siliati DSiliati@nycourts.gov

Phone calls are strongly discouraged and should be for urgent matters ONLY.

E-mails are the preferred method of communication and MUST include all parties of record.

However, e-mails, letters, and telephone communications will not be treated as motions.

Any request for court intervention must be made by motion or Order to Show Cause, with proper

notice as required by 22 NYCRR 202.7.

ALL COURT APPEARANCES ARE IN-PERSON

WITH APPROPRIATE COURTROOM ATTIRE.

Virtual appearances will be scheduled only on an as-needed basis,

at the discretion of the Court.

GENERAL RULES (Shall be strictly adhered to)

• All parties appearing in this Part shall be treated fairly and respectfully and shall conduct

themselves properly, observing decorum with proper attire during any court appearance

and in all interactions with the judge and court staff.

• Parties and counsel must be present on any calendared court date unless expressly excused

by the Court.

• If a party requires a language interpreter, one must be requested by e-mail to the Part Clerk

upon receiving notice of the court appearance.

• Any attorney seeking to withdraw from a case where a substitute attorney has not been

retained must move by Order to Show Cause for an order to be relieved as counsel. The

Court will NOT accept a stipulation in which the litigant consents to proceeding pro se.

• Audio and/or visual recording of any court proceeding (whether in person, by video,

computer, or telephone), and the taking of photographs or screenshots of any court

appearance, is expressly prohibited (22 NYCRR §§ 29, 131; NY Civ. R. Law § 52).

• All Judgments of Divorce must be submitted within 60 days or the action may be deemed

abandoned and dismissed. All Qualified Domestic Relations Orders not submitted with the

Judgment must be submitted within 45 days of the signing of the Judgment and must be

accompanied by written plan approval.

• At the conclusion of trial, each party must retrieve all exhibits from the courtroom within

30 days. Items not timely retrieved will be discarded.

ADJOURNMENTS

• All adjournments require demonstration of good cause and the prior approval of the Court.

Stipulations to adjourn without the court’s approval are invalid and will not be honored.

• Requests for adjournments of a conference or motion must be made jointly by counsel, by

e-mail to the Principal Law Clerk and the Part Clerk, copying all counsel and any pro se

parties, at least two (2) days prior to the scheduled appearance. All adjournment requests

must also copy the Judge’s secretary to ensure nothing is missed in the event of a vacation,

absence, or other unavailability.

• Requests for adjournments of a hearing or trial must be made at least two (2) weeks in

advance, absent emergency, and must include an affidavit of actual engagement where

applicable.

• Every adjournment request must include THREE proposed dates/times that work for ALL

SIDES, submitted in ONE JOINT EMAIL, and must state whether the request is on

consent. All requests must comply with Part 125 of the Rules of the Chief Administrator

of the Courts.

• Absent extraordinary circumstances, all trial dates are final and will not be adjourned.

COMMUNICATIONS

• All e-mails to the Court must include the case caption and index number in the subject

line, and must include all counsel and any pro se parties as recipients.

• Ex parte communications with the Court are strictly prohibited and will not be reviewed

or considered.

• Litigation by e-mail or letter writing is strictly prohibited and is not a substitute for a

motion. E-mail and letters to the court should be used only for short scheduling matters or

to request a conference on a discrete, urgent issue.

• Chambers does NOT receive automatic notice when documents are uploaded to

NYSCEF. A courtesy copy of any letter, affidavit, or stipulation to be so-ordered must be

e-mailed directly to the Judge’s law clerk.

CONFERENCES

Preliminary Conferences

• A preliminary conference shall take place on the case's first appearance or the return date

of the first motion, unless otherwise directed by the Court. All parties and counsel must be

present. The acceptable form is available as a link at the end of these rules.

• At least two (2) days prior to the preliminary conference, counsel must upload to

NYSCEF: (1) a completed and signed Matrimonial Preliminary Conference Order; (2)

COMPLETED sworn Statements of Net Worth; and (3) a child support worksheet and

proposed parenting plan, where applicable.

• Full, accurate, and sworn Statements of Net Worth are mandatory and must be timely filed

in strict compliance with this rule. A meaningful and productive preliminary conference

cannot take place without a complete Statement of Net Worth from each party, and the

Court will not conduct a substantive preliminary conference in the absence of same.

• Where a party fails to timely file and serve a complete, sworn Statement of Net Worth

as required by this rule, the Court may, in its discretion, adjourn the conference and

assess costs and counsel fees against the noncompliant party and/or that party's counsel,

payable to the compliant party, for the expense of a wasted court appearance. The Court

considers a party's or counsel's failure to comply with this requirement, without good cause

shown, to impose an unnecessary and avoidable burden on the opposing party, counsel,

and the Court, and will treat such noncompliance accordingly.

• If the parties cannot agree on the terms of the Preliminary Conference Order, they shall

bring hard copies of proposed PC Orders to the conference.

• Parties and counsel should be prepared to discuss all substantive issues in the case,

including settlement, to the extent possible. Pendente lite relief may be addressed at the

preliminary conference, but only with an accompanying motion.

• For matrimonial matters- The same attorney(s) shall appear at every in person conference

with the court. Varying associates, and members of a firm are not allowed by the court.

The attorney should know their file and their client and they will be held to account.

Compliance and Status Conferences

• The date of the compliance conference shall be set at the time of the preliminary

conference.

• At least one (1) day prior to a compliance conference, the parties shall upload to NYSCEF

a jointly completed proposed Compliance Conference Order. Failure to address an

outstanding discovery issue in the order may be deemed a waiver of the issue.

• All discovery shall be completed before the final status conference.

Settlement Conferences

• Settlement conferences will be scheduled by the Court on a case-by-case basis only where

the parties are seriously ready and willing to resolve their issues.

• At least two (2) days prior to the conference, each party shall e-mail the Court an updated

Statement of Net Worth, a list of all marital property and proposed distribution, and a

statement of no more than two pages setting forth the rationale for their position.

Pre-Trial Conferences

• A Note of Issue must be filed before the pre-trial conference.

• Prior to the pre-trial conference, the parties, with their counsel, as well as any appointed

attorney(s) for the child(ren), shall engage in a settlement conference to attempt to resolve

any and all ancillary issues.

• At least one (1) week prior to the pre-trial conference, the parties shall file via NYSCEF

and exchange: a statement of proposed disposition; an updated Statement of Net Worth;

the parties' most recently filed tax returns; a child support worksheet (if applicable); a

proposed maintenance worksheet, where applicable; a witness list with a meaningful offer

of proof for each witness; an exhibit list (with pre-marked exhibits); any expert reports not

previously exchanged; marked pleadings; and any pre-trial memoranda.

• If the trial concerns custody only with no financial issues, the parties shall instead file a

proposed parenting plan and need not file an updated Statement of Net Worth. Attorneys

for children may file a proposed parenting plan and shall exchange witness and exhibit

lists.

• Prior to the pre-trial conference, the parties shall attempt to execute a stipulation as to the

authenticity and admissibility of exhibits and as to undisputed facts not in dispute.

• Any pre-trial motions, including motions in limine, shall be made prior to the pre-trial

conference, and in any event filed by Order to Show Cause at least three (3) weeks prior to

the pre-trial conference so that they may be made returnable at that conference.

• Failure to submit pre-trial documents in accordance with these rules, or to present a fully

executed stipulation of settlement on the date of the conference, may result in sanctions or

other appropriate relief at the Court's discretion.

• Once a case has been assigned a trial date, it is presumed ready for trial. Trials will

proceed day to day or as otherwise scheduled by the Court. Chambers shall be notified

immediately if the action is resolved prior to the trial date.

MOTIONS

• All motions shall be made by Order to Show Cause.

• Opposition, and reply if appropriate, must be received via NYSCEF no later than close of

business at 5:00 p.m. on the night prior to the scheduled appearance.

• Opposition and reply papers are permitted as a matter of course. Sur-reply papers are

permitted only upon special request, for good cause shown, and with the prior

permission of the Court.

• Before filing a motion, counsel must make a good faith effort to resolve the underlying

issue, including by contacting the Court for a conference where appropriate, absent an

emergency. Counsel shall be prepared to describe and show evidence of the good faith

efforts made to resolve the issue without motion practice.

• ORAL ARGUMENT IS REQUIRED ON EVERY MOTION There is no exception

absent the Court's express direction otherwise. If the movant fails to appear on the return

date, the motion will be dismissed without prejudice, unless an adjournment was granted

prior to the appearance date.

• All motion papers, including the Order to Show Cause, opposition, reply, memoranda of

law, exhibits, affirmations, affidavits, and proposed orders of settlement, must state the

motion sequence number on the first page.

• Motions regarding custody and/or visitation shall be filed separately from motions

regarding financial issues.

• Motions seeking financial relief, filed after the preliminary conference, must include an

updated Statement of Net Worth. Any opposition must also include an updated Statement

of Net Worth.

• Affidavits, affirmations, and memoranda of law shall not exceed 25 pages, double-spaced,

exclusive of the table of contents and table of authorities.

• Each motion shall include a table of contents listing each exhibit attached to the motion.

For non-NYSCEF cases, exhibits shall be marked by tabs.

• For all emergency applications, the movant is encouraged to first contact the Part Clerk to

ascertain a convenient date and time for the application to be heard, without delaying filing.

Any motion entitled an “emergency” Order to Show Cause must be accompanied by an

affirmation or affidavit of emergency pursuant to 22 NYCRR § 202.7 and 202.8 and the

CPLR, or the motion may be declined.

• If the Order to Show Cause seeks a temporary restraining order or other interim relief (other

than an ex parte application for an order of protection), the movant must first contact the

Part Clerk to obtain a date and time to present the order to the Court, and must forward a

copy of the unsigned order to all parties or their counsel together with a letter notifying

them of the date, time, and location of the hearing on the request for interim relief.

• Ex parte applications for orders of protection must be accompanied by the Family

Protection Registry Information Sheet, and the litigant seeking protection must be present.

• Motions to consolidate Family Court proceedings must include a complete copy of the

relevant pleadings and orders, with docket numbers, and a statement of the procedural

history and status of the Family Court proceeding.

• Discovery motions are strongly discouraged. Counsel must consult in a good faith effort to

resolve discovery disputes before filing and, absent resolution, must request a conference

with the Court, coming prepared with a log specifically delineating the materials sought.

• Do not file CDs, DVDs, flash drives, or other electronic storage devices as part of a motion.

• If the Order to Show Cause is signed, the Court will, in its discretion, set a briefing schedule

and return date. Failure to comply with the briefing schedule, absent Court approval, will

result in untimely papers being rejected.

ARTIFICIAL INTELLIGENCE (AI) PROGRAMS

Pursuant to Part 161 of the Rules of the Chief Administrative Judge (22 NYCRR Part 161),

effective June 1, 2026, and in this Court's discretion, all submissions with respect to a motion must

include a certification by an attorney (or self-represented party) either that no generative artificial

intelligence program was used in the drafting of any affidavit, affirmation, or memorandum of law

contained within the submission, or that a generative artificial intelligence program was used but

that all generated text, including citations, quotations, and legal analysis, was reviewed for

accuracy and approved by an attorney (or the self-represented party).

If the certification states that a generative artificial intelligence program was used, the certification

must identify the program, specify the documents that include matter generated by the program,

and identify which parts of those documents were drafted by the program. One certification

pertaining to a party's submission comprised of several such documents shall suffice.

ELECTRONIC FILING (NYSCEF)

• Contested matrimonial cases in Part 10 are encouraged to be e-filed through NYSCEF. The

Court strongly encourages early conversion of paper cases, ideally before the preliminary

conference, as only documents filed after conversion are accessible on NYSCEF.

• Stipulations to be so-ordered, subpoenas for signature, and proposed orders and judgments

for signature must be filed to NYSCEF, with courtesy copies e-mailed to the Principal Law

Clerk.

• For all non-NYSCEF cases, papers requiring filing must be filed with the Ex Parte Office,

Matrimonial Office, County Clerk, or Part 10 Clerk (as appropriate) with a courtesy PDF

copy e-mailed to the Principal Law Clerk, copying all sides.

• All questions regarding NYSCEF should be addressed to the NYSCEF Resource Center at

nyscef@nycourts.gov.

TRIALS AND HEARINGS

• All trials, hearings, and fact-finding proceedings will be in-person and all witnesses must

appear in-person, unless otherwise directed by the Court.

• Absent extraordinary circumstances, all trial dates are final and will not be adjourned.

• No counsel or party will be permitted to offer a document into evidence during a witness's

direct testimony unless the document was disclosed on the previously exchanged exhibit

list, and no witness will be permitted to testify unless disclosed on the previously

exchanged witness list.

• Hard copies of all trial exhibits shall be brought to the Court on the date of trial as well as

uploaded to NYSCEF. Counsel and parties must utilize Bates numbering and stamping in

the production of documents.

• If counsel or a party intends to offer audio or video evidence, the Court must be given at

least one week's notice. The party must provide its own technology, viewable on a

computer equipped with an HDMI port (or compatible adapter). Evidence may not be

submitted on external storage devices such as USB flash drives, CDs, or DVDs.

• At the conclusion of trial, counsel shall submit proposed Findings of Fact and Conclusions

of Law and an updated spreadsheet listing each item of marital property with its value and

proposed distribution as established at trial. If requested by the Court, a post-trial

memorandum of no more than 15 pages shall also be submitted.

• Counsel or the parties must retrieve all exhibits from the courtroom within 30 days of the

conclusion of trial. Items not retrieved within a reasonable time will be discarded.

VIRTUAL APPEARANCES (AS-NEEDED BASIS ONLY)

Part MP 10 operates as an in-person Part. A virtual appearance will be permitted only where the

Court, in its discretion, schedules one on an as-needed basis. Where a virtual appearance has been

authorized, the following shall apply:

• Parties, attorneys, and all participants are expected to appear online promptly, five (5)

minutes before the official start time, and must download any necessary software and test

their audio/visual equipment in advance. Video appearances are required whenever

possible; a telephone dial-in is permitted only as a backup.

• Any party appearing in virtual court must take reasonable steps to ensure that their

child(ren) are not present in the room or within hearing range of the proceedings. Where

this is not feasible, counsel must notify the Court and all other counsel immediately, and

the Court will determine on a case-by-case basis whether the proceeding may continue.

Headphones should be worn by the parties even if children are not in the same room.

• If a private conversation is requested by counsel with their client, the proceeding will pause

to allow counsel and the party to mute the remote appearance and connect by phone or

other means, off the official record.

• At the beginning of a witness's testimony in a virtual proceeding, the witness shall swear

or affirm that they are not receiving unauthorized coaching, influence, or manipulation via

text, notes, or speech from persons in the room or off-screen, and are not recording the

proceeding. A violation may result in the testimony being stricken. The witness should be

prepared to provide the Court with a virtual tour of the room and/or stand to show they are

not holding notes or aids, unless the witness resides at a confidential address or a safety

concern exists, in which case counsel shall conduct the virtual tour on the witness's behalf.

• Counsel and parties appearing virtually must be appropriately dressed and have

cameras turned on. NO walking or operating a motor vehicle during the appearance.

• Audio and/or visual recording of any court proceeding, whether in person, by video,

computer, or telephone, is expressly prohibited.

ADA ACCOMMODATIONS

Any party, counsel, witness, or other participant requiring a reasonable accommodation under the

Americans with Disabilities Act (ADA) in order to participate in a proceeding before this Part

must submit the request in writing, directly to both the Part Clerk and the Principal Law Clerk,

sufficiently in advance of the scheduled appearance to allow the request to be considered and, if

appropriate, arranged.

MISCELLANEOUS

• All proposed orders, judgments, and similar documents prepared for the judge's signature

must not place the signature line on a blank page.

• Everyone in the courtroom must be dressed appropriately. No shorts, tank tops, flip flops,

slides, or other inappropriate footwear are permitted. Attorneys shall be in business attire

appropriate for the courtroom.

RESERVATION OF RIGHTS

These Part Rules are subject to amendment, modification, or supplementation by the Court at any

time and in its sole discretion. To the extent any provision herein conflicts with the Uniform Civil

Rules for the Supreme Court and the County Court (22 NYCRR Part 202 et seq.) or other applicable

law, the Uniform Rules and applicable law shall control.

Thank you.