Hon. Wayne M. Ozzi — Part 23 Rules

HON. WAYNE M. OZZI, J.S.C.

SUPREME COURT-RICHMOND COUNTY

26 CENTRAL AVENUE, COURTROOM ROOM 410

STATEN ISLAND, NEW YORK 10301

Courtroom: (718) 675-8612

Chambers: (718) 675-8610

Part Clerk: Raymond Huynh

Fax: (212) 952-7210

(718) 675-8612

Law Clerk: Karen Fiorelli

Part Clerk: Raymond Huynh

PART 23 RULES

Contact Information and Communication with the Part

Please contact the Part Clerk Raymond Huynh, preferably by email at

rhuynh@nycourts.gov with all counsel cc’d on the email or by phone at 718-675-8612

for any scheduling related questions, such as motion dates, appearances, oral argument

requests,adjournment requests, or virtual link information for Teams conferences, etc.

Please do not call chambers with such inquiries, especially in the first

instance. Also, only attorneys should call chambers directly, except in emergent

situations.

Preliminary and Compliance Conferences

Preliminary and Compliance conferences are generally held by submission. The required

Preliminary Conference Order (Uniform Rule 202.12) for this Part and sample

orders/stipulations for compliance conferences are available in links at the end of these Part

Rules, and also may be obtained by emailing the Clerk of the Part if you have any difficulty.

The parties may draft their own stipulations for compliance conferences as well. Pursuant to

Uniform Rule 202.11, you are required to confer with one another and, where possible, stipulate

to terms. Submit any proposed orders or stipulations to the Court at least 24 hours prior to the

scheduled court date by uploading to NYSCEF the proposed order or stipulation as appropriate

and also by emailing the Part Clerk. You may modify the sample orders to fit the specific

needs of your case.

If the parties cannot reach an agreement as to a stipulation and wish to have a virtual

conference with the Court, they must inform the Court, by emailing the Part Clerk no later than

two (2) business days prior to the scheduled conference date. The parties must specifically

identify the issues or items of dispute prior to the scheduled conference and so advise the Court

of the same.

 A copy of the Bill of Particulars must be filed with the Court prior to the preliminary

conference and must be served upon all parties ten (10) days prior to the preliminary

conference.

 Preliminary conferences will not be adjourned in the event a Bill of Particulars has not

been served. In such cases, due dates for the Bill of Particulars must be added to the

proposed Preliminary Conference Order.

 The examinations before trial are to be held by the date of the Order or as so designated

in such Order. If, for any reason, an examination before trial fails to go forward, the Part

Clerk is to be notified and the parties shall reschedule.

 Compliance conferences shall be scheduled on a Monday or Tuesday within one hundred

(100) days of the preliminary conference date.

No adjournments of conferences are permitted for any case that is beyond

Standards and Goals without express written permission of the Court.

As noted above, Proposed orders and stipulations should be uploaded to NYSCEF

as proposed orders or stipulations requesting to be so ordered and emailed to the part

clerk Raymond Huynh at rhuynh@nycourts.gov . Communications advising of disputes

and requests for conferences must include all counsel and be emailed to the part clerk

Raymond Huynh at rhuynh@nycourts.gov .

Motions

Motions will be decided upon submission of all papers. Any party may request oral

argument, to be held via video conference, and if granted, one will be scheduled. In some

circumstances, the Court may require a personal appearance in court. Requests for oral

argument must include all counsel and be emailed to the Part Clerk Raymond Huynh at rhuynh

rhhrr @nycourts.gov.

 All motions will be calendared on Thursdays at 10:00 a.m. All answering papers must

be e-filed at least seven (7) days prior to the appearance date and all reply papers must be

filed with the Court at least three (3) business days prior to the appearance date.

 No courtesy copies of motions papers are to be filed with Chambers, the Courtroom or

Civil Term Motion Support Office, except in cases that are NOT e-filed.

 All motion papers, answering affidavits and reply affidavits must be served by e-filing

upon adversaries in accordance with CPLR §2214. No other papers shall be accepted

without prior leave of the Court.

 Only attorneys with full knowledge of the case and authority may appear for virtual oral

argument of motions.

 Summary judgment motions must be made within sixty (60) days of the filing of the

Note of Issue.

 Discovery motions are not permitted without prior Court approval. If the Court has

granted approval, attach a copy of the email, letter or other documentation demonstrating

such approval to the motion papers.

DO NOT contact Chambers with inquiries about the status of pending motion decisions.

Orders to Show Cause

Any Proposed Orders to Show Cause must comply with the Uniform Civil Rules for

Supreme and County Courts Section 202.7(f). Paper copies of all Orders to Show Cause must

be delivered to the General Clerk’s office for signature. For e-filed cases, Orders to Show Cause

will not be reviewed or signed unless papers copies are delivered to the General Clerk’s office.

Like motions, Orders to Show Cause are generally decided on submission, unless oral

argument is requested by a party or the Court directs the parties to appear in the Order to Show

Cause or another directive.

Attention is directed to Uniform Civil Rules Section 202.8-d, regarding Orders to Show

Cause, which provides that: motions shall be brought by order to show cause only when there is

genuine urgency (e.g., applications for provisional relief), a stay is required, or a statute

mandates such proceeding.

Adjournments of Motions and Conferences

Certification and Note of Issue

A Note of Issue may be filed only after the Court issues a Certification Order or after

the parties file a stipulation that discovery is complete. Parties may seek a certification

All adjournments require the permission of the Court. Please contact the Part Clerk

Raymond Huynh at 718-675-8612 or by email with all counsel included to make an

adjournment request and to obtain the next available motion and/or conference date. Once the

adjournment has been granted, you must then draft and execute a stipulation signed by all

parties stating that permission was granted by the Court and upload same onto NYSCEF.

Adjournment requests must be made by the close of business at least two days prior to the

Motion date. e.g. by the close of business Tuesday for a Thursday motion.

conference with the Court, if they are unable to agree regarding the status of discovery or the

Court also may schedule a Certification Conference.

Trials

(1)Prior to trial, counsel shall furnish to the Court marked pleadings pursuant to CPLR §4012.

(2)Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at

trial, and a list of the exhibits shall be provided to the Court prior to trial. Plaintiffs shall

number their exhibits and defendants shall letter their exhibits. An exhibit list may be

obtained from the part clerk. On the day of trial, the exhibits and the list shall be provided to

the court reporter who will officially mark them before trial. All hospital records must be

date stamped.

(3)Prior to trial, counsel shall provide the Court with a list of potential witnesses in the order in

which they intend to call them, including expert witnesses, their expertise, and a summary of

expected trial testimony.

(4)Any potential evidentiary question or procedural or substantive law matter not previously

adjudicated shall be brought to the Court’s attention and addressed prior to trial by way of a

written or oral motion in limine. A written memorandum of law with case citations is

strongly encouraged. Citations and copies of relevant court decisions and statutes should be

furnished to the Court prior to the commencement of plaintiff’s case and when otherwise

required by the Court.

(5)A copy of depositions intended to be used at trial should be furnished to the Court at the

commencement of the trial.

(6)All proposed jury charges and proposed verdict sheets shall be submitted to the Court by

email to kfiorelli@nycourts.gov and/or rhuynh@nycourts.gov prior to the commencement of

the Court’s preliminary instructions to the jury. The proposed charges shall be submitted

with specific citations to the applicable New York Pattern Jury Instructions and

Modifications, if any.

FAILURE TO COMPLY WITH THESE COURT RULES SHALL BE ADDRESSED

APPROPRIATELY– INCLUDING THE POSSIBILITY OF PRECLUSION

Required PC Order Form:

Compliance Conference Form Order/Stipulation: