Hon. Alfred C. Graf — Part 77 Rules

SUPREME COURT OF THE STATE OF NEW YORK

I. A. S. PART 77 - SUFFOLK COUNTY

PART RULES & PROCEDURES

HON. ALFRED C. GRAF

J. S. C.

EMAIL: SUFGRAF@NYCOURTS.GOV

Principal Law Clerk: Darla A. Filiberto, Esq.

Dfiliber@nvcourts.gov

Secretary: Dorothy Green

Chambers: (631) 740-3685

Fax: (631) 8s3-4304

Email: Sufgraf@nycourts.gov

These rules are in addition to the Uniform Rules for New York State Trial Court

and the Local Rules ofCourt.

I.

ADJOURNMENTS

A,

Motions and Compliance Conferences:

1. Adiournments will onlv be granted for good cause.

Scheduling conflicts and "ongoing settlement discussions" are not

considered valid reasons for adjournment requests. Applications for

adjoumments of conferences shall be made by contacting chambers,

no later than 3:00 D.m. on the business day prior to the scheduled

conference or retum date ofany motions by emailine a letter to the

Court at s on notice to opposing counsel, the

Aftorney for the Child(ren) and any uffepresented party. The letter

must contain the name of the matter, the index number, appearance

and/or return date, the proposed adjourn dates, and the reason for the

request. All applications shall be made after consultation with all

attomeys on the file and ON CONSENT OF ALL SIDES, and the

attorneys shall provide the Court with three (3) acceptable dates for

all sides. Requests made after 3:00 p.m. will not be considered

absent exigent circumstances.

2 ln the event all counsel does not consent to the adjournment, an

application shall be made by conference call with all counsel and the

Principal Law Clerk, no later than 3:00 p.m. on the day preceding

the scheduled conference or motion.

1

3 If the application is based on counsel's actual engagement on another

matter, an Affirmation of Actual Engagement in conformity with 22

NYCRR S 125 shall be submitted in lieu of a letter with the above

information included, copied to all counsel.

B.

PreliminaryConference:

1. All counsel and parties SHALL attend the Preliminary Conference.

No Preliminary Conferences shall be adiourned absent a

compelling reason. Unless otherwise excused by the Court, in

person appearances by all counsel and parties is mandatory.

(Counsel are directed to review 22 NYCRR S 202.16(f)).

2 Counsel are directed to comply with all Discovery, Certification and

Note of Issue dates. Unless counsel otherwise agree in a written,

signed Stipulation, to be provided to the Court, discovery dates will

not be extended. In the event counsel cannot agree, counsel is urged

to contact the Court by conference call prior to making any formal

motion. Certification and Note of Issue dates may not be extended

absent approval of the Court.

3 Counsel MUST COMPLETE the Preliminary Conference Form and

the 240 Infbrmation Sheet provided by the Court and submit it by

email at suf eraf@.nycourts.gov three (3) days PRIOR to the

Preliminary Conference. 'l-he Suffolk County Preliminary Conference

can be found at INSERT LINK HERE." DO NOT UPLOAD THE

PRELIMINARY CONFERENCE FORM TO NYSCEF'

4. Pursuant to 22 NYCRR 202.16(f)(1), at least 10 days prior to the

Preliminary Conference date, the parties are required to exchange

Statements of Net Worth, attomey retainer statements, their most

recent paycheck stub for the current calendar year, the last paycheck

stub for the immediately preceding calendar year, all W-2 wage and

tax statements. state and federal income tax returns for the past three

(3) years, and financial account statements. Each parties Statement

of Net Worth and supporting financial documentation are to be

uploaded to NYSCEF at least five (5) business days prior to the

Preliminary Conference.

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il.

MOTIONS

EXCEPT IN AN EMERGENCY STTUATION, COUNSEL ARE URGED TO

CONTACT THE COURT BY CONFERENCE CALL PRIOR TO THE

MAKING OF ANY MOTION IN ORDER TO ALLOW THE COURT TO

ASSIST IN A POSSIBLE RESOLUTION.

A. Submission of Motions:

I All motions rvill be marked "Submitted" on the return date unless

otherwise determined by the Court. Affidavits in Opposition and/or

Affidavits in Reply must be submitted to the Motion Clerk or e-filed

to NYSCEF no later than 12:00 p.m. on the return date. Cross-

Motions with Alldavits in Opposition to the principal motion will be

calendared on the return date of the Cross-Motion. Counsel should

ensure that the principal motion is adjoumed to the return date of the

Cross-Motion for all papers to be considered.

2. All motions are submission onlv and no aDDearances are

required unless the Court approves a request by counsel on notice to

and with the consent of all sides or ifdirected by the Court.

3 Motions are to be served and filed in conformity with CPLR S 2214,

22 NYCRR Part 202.8-b and in accordance with NYSCEF filing

rules.

4. All motions seeking pendente lite relief must be in compliance with

22 NYCRR 202.16.

S

5. There is no right to submit a Reply for applications brought by Order

to Show Cause and leave of the Court must be obtained PRIOR to the

submission of a Reply.

6 If counsel needs to adjoum the motion(s) a letter MUST be sent to the

Court on consent the day PRIOR to the retum date.

B.

Application for a Stay or Temporary Restraining Order:

l. Any Order to Show Cause seeking injunctive relief, including a stay

or TRO, and any Order to Show Cause seeking emergency relief,

must be made in accordance with22 NYCRR S 202.7 (f) or $202.8-

e. The moving party shall advise all sides and the Court as soon as

practicable ofcounsel's intent to make the application.

2.

DO NOT notice a specific time for a motion to be heard without

"3-

first contacting Chambers regarding the Court's availability. If a

motion is e-filed, there is no guarantee that it will be heard on the

day of filing. Upon review of the papers, the Court will contact the

moving party and advise ofthe Court's availability to hear oral

argument if the Court deems oral argument necessary or appropriate.

C.

Interim, Partial or Full Settlement:

If all or part of a motion has been seftled, counsel shall forward an original

Stipulation of Settlement to the Court along with a letter from the movant,

on notice to all sides, indicating the retum date of the motion and setting

forth, in detail, what aspects of the motion have been settled and what issues

remain to be decided. In the event the motion has been resolved in its

entirety, the movant's letter shall indicate same and shall confirm that the

motion is either marked "settled" or "withdrawn".

III.

COURTAPPEARANCES

A.

Counsel and clients are directed to appear in person at all scheduled court

dates unless otherwise excused bv the Court.

B All attomeys and pro se litigants are expected to arrive on time and must

check in with the Court Clerk. If counsel is scheduled on other matters

within the court complex, counsel is requested to leave their cell phone

number with the Court Clerk, in the event they are leaving the part.

IV.

COMMUNICATION WITH CIIAMBERS

A. All communication with chambers by fax, letter, email, or NYSCEF shall be

copied to all sides and shall include the title of the action, the full names of

the parties, the date the matter next appears on the Court's calendar, and the

index number.

B The Court will not consider any ex parte communication on any issue other

than a request for an adjoumment or to request an emergency conferehce.

C Counsel SHALL NOT send copies ofany correspondence between counsel

to the Court. Any such correspondence will be disregarded by the Court.

"4"

V.

TRIAL & HEARING RULES

1. Exhibits: The parties must pre-mark exhibits and provide the Court with an

Exhibit List prior to trial. The Exhibit List shall contain the letter or number

ofeach exhibit, a short description of the exhibit, and whether the exhibit is

being admitted into evidence on consent or being marked for identification

only. The Court will address those exhibits marked for identification only

during the Trial.

Counsel shall supply opposing counsel and the Court with a copy of each

exhibit being admitted into evidence.

If deposition transcripts are to be used at trial, the Court must be supplied

with a copy of the transcript.

2. Counsel shall inform the Court whether any motions are outstanding or issues

referred to trial and copies of the motions shall be made available to the

Court.

3 All trials and hearings may continue dayto-day until completed, subject to

the Court's availability.

VI.

SETTLEMENTS:

1. Where a case has been settled prior to the trial date or any other court date, in

lieu ofappearing in court, chambers must be notified in writing in advance that

a stipulation has been executed by both sides resolving all outstanding issues.

If a case has been settled by a stipulation, counsel will forward the first and last

pages bearing the parties signatures and the complete agreement shall be

uploaded to NYSCEF.

2,

On any date that the case appears on the calendar and the parties are present, a

stipulation of settlement may be placed on the record and, in its discretion, "so

ordered" by the court.

3.

No case shall be marked as settled or disposed unless an oral stipulation has

been placed on the record or written notification is submitted to chambers

Ifa

confirming that a stipulation of settlement has been executed by both sides.

written agreement, see (a) above.

4. At the time of a global settlement, the case will be adjoumed to a judgment

submission calendar to assure that the Judgment of Divorce and supporting

documents are timely submitted.

5

VII.

JUDGMENTSUBMISSIONS:

Time Period: Submission packages must be submitted within 60 days of the

date the case was marked settled by fie court unless extended by the court for

good cause. Counsel for the submiuing party must file the submission through

NYSCEF. Requests for submission extensions must be in writing and supported

by good cause.

2. Form,/Required Language: Follow the forms on the nycourts.gov website for

Judgments (#UD-11) and Findings (#UD-10). You do not need to use the form,

but please make sure all required language is included in the document

submitted by your firm. Also make sure you include the language at 22 NYCRR

202.s0(bx3) & (4).

3. Rejection: Proposed judgment submissions rejected for noncompliance with the

Rules of the Chiel Judge, or any other deficiency, must be conected and

resubmitted to the Court within thity (30) days ofthe notice of rejection.

4.

Outstanding motions: Motions pending at the time a case is marked settled are

to be formally withdrawn by Stipulation and filed through NYSCEF.

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ATTACHMENT

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK

x

Plaintiff,

No.:_

Index

- against -

No.:_

Part

Defendant.

x

PRELIMINARY CONFERENCE STIPULATION/ORDER

CONTESTED MATRIMONIAL

PRESIDING: Hon.

Justice of the Supreme Court

The parties and counsel have appeared be lore this Court on _

at a preliminary conference on this matter held pursuant to 22 NYCRR $202.16.

A.

ATTORNEYINFORMATION

PLAINTIFF: DEFENDANT:

Attomey's Name: Attomey's Name:

Firm Name: Firm Name:

Firm Address Firm Address:

Phone: ( ) Phone: ( )

( (

Fax: Fax:

) )

Email: Email:

B.

BACKGROUND&PARTIES'INFORMATION:

l-

Sumnrons: Datc fi led: Date served:

2. l)ate ul Marrirg., _

3. Civil or Religious Ceremony:

Page 1

+ Parties have been separated since:

5 Name(s) and date(s) of birth olchild(ren):

Name: DOB:

Name: DOB:

Name: DOB:

Narle: DOB:

6.

Plaintiff:

Age DOB:

Current Address:

Occupation:

Approxirnate Annual Gross Income: $

Employer: (lf unemployed. set forth the date & nature of last employment):

Please note if W-2 Employee: YES No

7.

Defendant:

Age DOU:

Current Address:

Occupation:

Approximate Annual Cross Income: $

Employer: (lf unemployed. set forth the date & nature of last employn.rent):

Please note if W-2 Employee: YES NO

8. Marital Residence

Address:

Who resides in Marital Residence:

Page 2

9. Plaintiff

The Court has received a copy of: Defendant

(Date Filed OR To Be Filed)

(a)

A sworn statement of net worth as of

date ol commencement of the action.

(b) A signed copy of each party's

attorney's retainer agreement.

10. An Order of Protection has been issued against:

(Attach copy of order(s))

Plaintiff: _ YES _ NO Defendant: YES NO

Date:

Issue Issue Date:

lssuing Court: Issuing Court:

lndex/Docket #: lndex-/Docket #:

Expiration Date Expiration Date:

Currently in Effect? Currently in Effect?

YES YES

NO NO

Are the children protected parties in any Order of Protection? _ YES _ NO

I I . Involvement in Other Courts on Re lated Issues

Except as set forth above, set forth the issuing Court, the effective date of the Order.

the termination date (ifany) and the subject matter addressed by each Order ofanother

Court. Also specify any pending petitions, including the name ofthe moving party, the

reliefsought, the index/docket number and the next scheduled court appearance and/or

return date. Copies of any Orders presently in effect on related issues such as custody,

support. and/or t'amily offense or domestic violence. shall be attached.

Page 3

12. Plaintiff/Defendant requests a translator in the _language.

13. (a)Please identify and state the nature ofany Premarital, Marital, Separation

or other Agreements and/or Orders, including dates, which aflect the rights

ofeither ofthe parties in this action. (A copy of which is attached or uploaded to

NYSCEF as Doc # _.)

(b)Plaintiff/DefendantshallchallengetheAgreementdated-

by _, which shall be no later than 60 days from this Order.

If no challenge is asserted by that date, it is waived unless good cause is

shown.

C.

GROUNDS FORDIVORCE:

The Complaint (was) (or will be) served on: I I

+This date shall be the date used to determine the timeliness of a Notice of

Discontinuance (CPLR 3217(a))

on: I l_

2 A Responsive Pleading (was) (or will be) served

3 Reply to Counterclaim, if any, (was) (or will be) served on

4 The issue ofgrounds is E resolved E unrcsolved.

lf the issue of grounds is resolved, the parties agree that Plaintiff/Defendant will

proceed on an uncontested basis to obtain a divorce on the grounds of DRL

$

170(7) and the parties waive the right to serve a Notice to Discontinue pursuant to

CPLR 321 7(a) unless on consent ofthe parties.

5.

Other:

D.

CUSTODY:

The issue ofparenting time is E resolved D unresolved.

2 The issues relating to decision-making are E resolved E unresolved.

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(a) If the issues of custody, including parenting time and decision-making, are

resolved: T'he parties are to submit an agreement/stipulation no later than

(b) If the parties do not notify the Court that all issues related to custody are

on

resolved, a conference shall be held at which time the

Cou( shall determine the need for an Attomey for the Child/Guardian ad

Litem and/or a forensic evaluation and set a schedule for resolving all issues

relating to custody.

J El ATTORNEY FOR CHILD(REN) or GUARDIAN AD LITEM: Subject to

judicial approval. the panies request that the Court appoint an Attorney for the

parties'minor child(ren) C'AFC'). The cost of the AFC's services shall be paid as

follows:

tr FORENSIC: Subject to judicial approval, the parties request that the Court

appoint a neutral forensic expert to conduct a custody/parental access evaluation of

the parties and their child(ren). Subject to Judicial approval. the cost ofthe forensic

follows:_.

evaluation shall be paid as

Any appointment of an Attorney for the ChildiGuardian ad Litem or forensic

evaluator shall be by separate order which shalldesignate the individual appointed,

the manner of payment, source of funds for payment. and each party's

responsibilitl [or such payment.

E FINANCIAL:

(l)

Maintenance is E resolved E unresolved

(2)

Child Support E resolved EI unresolved

(3) Equitable Distribution is E resolved E unresolved

(4)

Counsel Fees are E resolved EI unresolved

List all other causes of action and ancillary relief issues that are unresolved

Any issues not specifically listed in this Order as unresolved may not be raised in this

action unless good cause is shown.

Page 5

F.

SEPARATEPROPERTYCLAIMS:

G.

OTHER:

List all other causes of action and ancillary relief issues that are unresolved

H.

PENDENTELITERELIEF:

Provide the specific details regarding the interim resolution ofany ofthe following issues

OT StAtE N/A/. RESOLUTION WILL CONSTITUTE A *SO-ORDERED"

STIPULATION.

Children

a. The issue ofcustody is: Resolved: to be determined

Providc dctails

b. The issue of children's residence is Resolved: to be

determined

Provide details:

c The issue of parenting time is: Resolved: to be determined

Provide details:

d. The issues relating to decision making are Resolved: to be

determined

Provide details:

This temporary Order of Custody and/or Parenting Time has issued upon the

Couft's review of records as required by the provisions of D.R.L. $ 240 and FCA

ds amended by Chapter 595 ofthe Laws of2008.

2.

Exclusive Use of the Marital Residence:

3.

Child Support

Page 6

4.

Child Care Expenses:

5.

EducationalExpenses:

6.

SpousalMaintenance:

7.

Mortgage/Real Estate Taxes/Homeowner's Insurance:

8. Additional Carrying Charges

9.

Uncovered Health Expenses:

Parties agree to use "in network" providers unless otherwise agreed in writing: Yes _ No_

10. Auto Expenses:

I l. Counsel Fees:

12. Expert Fees:

13. Other (specify):

OR

See annexed Order

See annexed Stipulation

I. PE N D E NT E LITE APPLICATIONS:

l.

In the event problems arise with regard to pendente lite issues, counsel are urged to

contact chambers to schedule a conference to address and attempt to resolve such issues

in lieu of prosecuting any motions in the first instance.

Z. A party seeking pendente lite maintenance shall present to the Court, as part of the

moving papers. a worksheet reflecting the mathematical calculations under the

temporary maintenance statute. The party may argue why the formula under the statute

rnay be unjust or inappropriate in the particular case, but such argument does not

obviate the requirement for presenting the worksheet.

J. DISCOVERY:

The Court orders that all Discovery shall be governed by the C.P.L.R., D.R.L. and Uniform

Rules for Trial Courts. Discovery shall be completed pursuant to the following deadlines.

No extension of time will be granted except for good cause shown. Failure to timely serve

demands may be deemed by the Court to constitute a waiver. Depositions shall continue

day to day until completed.

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IN LIEU OF ANY FORMAL MOTION TO COMPEL COMPLIANCE, COUNSEL

ARE DIRECTED IN THf, FIRST INSTANCE 'tO CONTACT THE COURT

IMMEDIATELY IF I'T APPEARS THAT THI,RE AIT.E ANY PROBLEMS

COMPLYING WITH THE FOLLOWING SCTIEI)T]I,E.

l.

Preservation of Evidcnce:

(a)

Financial Records: Each party shall maintain all financial records

in his or her possession or under his or her control through the date of the

entry of a j udgment ofdivorce.

(b)

Electronic Evidence: For the relevant periods relating to the issues

in this litigation, each party shall maintain and preserve all electronic files,

other data generated by and/or stored on the party's computer system(s) and

storage media (i.e. hard drives, floppy disks. backup tapes), or other

electronic data. Such items include, bul are not limited to, e-mailand other

electronic communications. word processing documents, spreadsheets, data

bases, calendars, telephone logs, contact manager information, internet

usage files, ofTline storage or information stored on removable media,

information contained on laptops or other portable devices, and network

access information.

l.

Docu ment Production:

(a) No later than 45 days after the date of this Order, the parties shall

exchange the following records for the following periods:

Time Period

Federal, state and local tax returns, including all schedules,

K-ls, 1099s, W-2s and similar data.

Credit card statements for all credit cards used by a party.

Checking account statements, cancelled checks and check

registers forjoint and individual accounts.

Brokerage account statements forjoint and individual

accounts.

Savings account statements forjoint and individual

accounts,

)_

Other: (spec ily

Absent any specified time period, the records listed above are to be produced for

the three years prior to the commencement of this action through the present. If a

parly does not have complete records for the time period, the party shall provide a

written authorization to obtain such records directly from the source within five

days of presentation.

Page B

(b)

Service of Notice For Discovery and Inspection:

Plaintiff: ___/_l_ Defendant

(c)

Responses to Notice for Discovery and Inspection:

Plaintiff: / / Defendant: I I

(d) Service of Interrogatories

:

Shall be limited to 20 questions including subparts absent leave of

Court.

Plaintiff: I I Defendant: I I

(e) Response to lnterrogatories:

Plaintiff: I I Defendant: I I

(0 Depositions (date to be held):

Plaintiff: I I

Defendant:

(e) Non Party Depositions (date to be held):

Plaintiff: I I

Defendant:

Failure to comply with the provisions of this section may result in sanctions,

including the award of legal fees, and other penalties.

K.

VALUATION/FINANCIALEXPERTS

l. Neutral Experts - The parties request that the Court appoint a neutral expert to

value the following:

l'he cost of the valuations shall be paid (subject to reallocation): _%

Plaintiffand

7o Defendant

(a) Deferred compensation/Retirement assets

(b) Business interest

(c) Professional practice

(d) Real property

(e) Stock options, stock plans or

other benefit plan

(0 Intellectual property

(e) Other (identily):

Page 9

The parties agree that the appointment ofthe neutral expert as specified above, shall

be pursuant to a separate order which shall designate the neutral expert, what is to

be valued, the manner of payment, the source of funds for payrrent, and each

pany's responsibility for such payment ifnot agreed above.

lf the Court does not appoint the neutral expert(s) requested above simultaneously

with the signing of this Order. then the parties may suggest names for the Court to

consider appointing. Said names shall be submitted by letter no later than

l-he parties shall notify the Couft no later than as to

whether any other neutral expefts are required.

ALL EXPERTS SHALL BE CONSIDERED NEUTRAL, SUBJECT TO CROSS-

EXAMINATION. ALL EXPERT REPORTS SHALL BE DEEMED IN

EVIDENCE AT TRIAL SUBJECT TO CROSS.EXAMINATION. THE PARTY

WISHING TO CROSS.EXAMINE THE EXPERT SHALL ARRANGE FOR

H IS/HER APPEARANCE IN COURT AND PAY THE NECESSARY COSTS OF

SAID APPEARANCE. SUBJECT TO ANY FURIHER APPLICATION OR

ORI]ER OF THE COI]RT.

2 Experts to be Retained by a Party:

Each party shall select his/her own expert to

value

.

The expert shall be

identified to the other party by leuer with their qualifications and retained no later

than _. If a party requires fees to retain an expert and the parties

cannot agree upon the source of the funds, an application for fees shall be made.

Any expert retained by a party must represent to the party hiring such expert that

he or she is available to proceed promptly with the valuation.

Expert reports are to be exchanged by _. Absent any date

specified. they are to be exchanged 60 days prior to trial or 30 days after receipt of

the repoft of the neutral expert, whichever is later. Reply reports are to be

exchanged 30 days after service of an expert report.

3.

Additional Experts:

Il. as ofthe date of this order. a net worth statement has not been served or a party

cannot identify all assets for valuation or cannot identifr all issues for an expert,

then. upon the parties' becoming aware ofsuch assets or issues, that party promptly

shall notify the other party as to any assets for valuation or any issue for which an

expen is needed. If the pafties cannot agree upon a neutral expert or the retention

of individual experts, either parly may notify the Court for appropriate action.

Timely application shall be made to the Court if assistance is necessary to

inrplernent valuation or the retention of an expert.

Page 10

L.

HEALTHINSURANCECOVERAGENOTICE:

Each party fully understands that upon the entry of a divorce judgment, he/she may no

longer be allowed to receive health coverage under his/her former spouse's health

insurance plan. Each party understands that he/she may be entitled to purchase health

insurance on his/her own through a COBRA option, ifavailable, otherwise he/she may be

required to secure his/her own health insurance coverage.

M.

AUTOMATTC STATUTORY RESTRATNTS (D.R.L. s236tBlt2l)

Each party acknowledges that he/she has received a copy of the Automatic Statutory

Restraints/Automatic Orders (D.R.L. 5236[Bl [2]). Each party acknowledges that

he/she understands that he/she is bound by those Restraints/Orders during the

pendency of this action, unless terminated, modified, or amended by order of the

Court upon motion of either party or upon written agreement between the parties

duly executed and acknowledged.

N.

PARENTEDUCATION:

Court: E

The has provided information as to parent education.

E

has taken no action with respect to parent education.

E

hereby orders the parties to attend parent education.

O.

ALTERNATEDISPUTERESOLUTION/MEDIATION:

The parties ore OR are nol awate ofthe existence of mediation. collaborative processes

and other alternative dispute resolution methods.

P.

NOTICE OF Gt]IDELINE MAINTENANCE

Each party acknowledges receipt of the ftrllowing notice from the Court:

Ifyour divorce was commenced on or after January 25,2016. this Notice is required to be

given to you by the Supreme Court ofthe county where your divorce was filed to comply

with the Maintenance Guidelines Law ([S. 56781A. 76451, Chapter 269. Laws of 2015)

because y'ou may not have counsel in this action to advise you. It does not mean that

your spouse is seeking or offering an award of "Maintenance" in this action.

Maintenance" means the amount to be paid to the other spouse for his or her support,

either during the pendency of the divorce action as temporary maintenance or after

the divorce is final as post-divorce maintenance,

You are hereby given notice that under the Maintenance Guidelines Law (Chapter 269.

Laws of 2015), there is an obligation to award the guideline amount of maintenance on

rnconle u to $228,000 eff.3ll/24 to be aid the rvith the h r lncome thc

l'l-t il I l'l t1 Page 11

payor) to the party with the lower income (the maintenance payee) according to a formula,

unless the parties agree otherwise or waive this right. Depending on the incomes of the

parties, the obligation might fall on either the Plaintiff or Defendant in the action.

There are two formulas to determine the amount ofthe obligation. Ifyou and your spouse

have no children, the higher formula will apply. If there are children ofthe marriage, the

lower formula will apply, but only if the maintenance payor is paying child support to the

other spouse who has the children as the custodial parent. Otherwise the higher formula

will apply.

Lower Formula

(a) Multiply Maintenance Payor's Income by 20%.

(b) Multiply Maintenance Payee's lncome by 257o.

(c) Subtract Line b from Line a: = Result I

:

(d) Subtract Maintenance Payee's Income from 40 % of Combined Income*

Result 2.

(e) Enter the lower of Result 2 or Result l, but if less than or equal to zero, enter

zero

THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE

WITH THE LOWER FORMULA

Higher Formula

(a) Multiply Maintenance Payor's Income by 30olo

(b) Multiply Maintenance Payee's Income by 20%

(c) Subtract Line b from Line a= Result I

(d) Subtract Maintenance Payee's Income from 40 Yo of Combined Income*:

Result 2

(e) Enter the Iower of Result 2 or Result 1, but if less than or equal to zero, enter

zero.

Page 12

THIS IS THE CALCULATED GUIDELINE AMOUNT OF MAINTENANCE WITH THE

HIGHERFORMULA

*Combined

Income equals Maintenance Payor's Income up to $228,000 plus Maintenance

Payee's Income

The Court is not bound by the Guideline Amount of Maintenance and may deviate

therefrom in the Court's discretion as set forth in the statute.

The Court will determine, in its discretlon, how long maintenance will be paid in

accordance with the statute.

a. 1. The Court directs that the parties and their respective counsel are to appear at a

compliance conference to be held on at

amlpm. All discovery as set forth herein above is expected to be

completed prior to the compliance conference. At the conference, counsel shall

also be prepared to discuss settlement.

2.

A, Note of Issue shall be filed on or before Failure to file a

Note of lssue as directed herein may result in dismissal pursuant to CPLR 321 6.

THE TRIAL IN THIS MATTER SHALL BE HELD ON:

in partlroom at

All ofthe above is hereby stipulated to by the parties:

PlaintifT (Signature) Defendant (Signature)

Plaintiff (Print Name) Defendant (Print Name)

Plaintifl-s Attorney (Signature) Defendant's Attorney (Signature)

Plaintifls Attorney (Print Name) Defendant's Attorney (Print Name)

Attorney for the Child(ren) (Signature)

Attomey for the Child(ren) (Print Name)

Page 13

.tHE

PARTIES AND COUNSEL ARE REMINDED THAT THIS DOCUMENT IS A

COURT ORDER REQUIRING COMPLIANCE AND THAT SANCTIONS SHALL BE

IMPOSED WHEN WARRANTED IN THE EVENT OF NON-COMPLIANCE. COUNSEL

ARE DIRECTED TO SUPPLY THEIR RESPECTI}IE CLIENTS WITH A COPY OF THIS

ORDER.

[)ated: 20

SO ORDERED:

.Iustice of the Supreme Court

! 'l'herc is no addendum to this Prcliminarv Conferencc Ortlcr.

E of_

There is an addendum pages which is attached to this Prcliminary Conference

0rder.

Page 74