Hon. Alison J. Napolitano — Part 74 Rules

HON. ALISON J. NAPOLITANO

SUPREME COURT JUSTICE

Alan D. Oshrin Courthouse

One Court Street, Courtroom A-301

Riverhead, New York 11901

Chambers Telephone: (631) 852-2341

Chambers Fax Number: (631) 208-5889

Chambers email: SUFNAPOLITANO@NYCOURTS.GOV

EMILY D. FIALKOWSKI, ESQ. DONNA M. BODENMILLER

Principal Law Clerk Secretary to Judge

CIVIL PART 74

COURT RULES AND PROCEDURES

Effective: July20, 2026

Unless otherwise directed by the Court, the following rules shall govern practice in this part:

Correspondence

All correspondence to the Court shall be made through NYSCEF, except in non e-filed cases

which correspondence shall be made by email. When communicating with Chambers, kindly

remember to reference the index number and include all parties/attorneys.

The Court’s e-mail is NOT to be used as a forum to argue the merits of your case or your

positions. Also, it is not to be used for communication between parties (i.e., choosing dates for

conferences). Time spent by staff on deciphering extraneous, inappropriate and unnecessary

communications prohibits chambers from functioningin an effective and efficient manner.

Motion Practice

DISCOVERY MOTIONS: Parties must confer in good faith on all discovery disputes and all

discovery motions must be preceded by a conference with the Court. Said conference may be

obtained by submission of a letter application, not exceeding one page in length, to the Court and

copied to all parties. With respect to cases in which a discovery motion accompanies the Request

for Judicial Intervention resulting in the assignment of the case to this Court, no opposition

papers shall be served until there has been a prior conference with the Court. Said conference

may be obtained by submission of a letter application, not exceeding one page in length, to the

Court and copied to all parties. The application for a discovery conference may be made by the

movant or by the opponent to the motion. However, the application must be made within eight

days of service of the motion. Failure to request a discovery conference may result in the denial

of the motion. The Court strongly urges that prior to requesting a conference, counsel discuss the

issues and make a bona fide attempt to resolve them without judicial intervention.

RETURN DATE/SUBMISSION: All motions must be calendared on a Wednesday. Unless

otherwise directed by the Court, motions are on written submission only and no appearance is

necessary. All motions and orders to show cause made returnable on any day other than a

Wednesday shall be administratively adjourned to the Court’s next available Wednesday

submission date.

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MOTION PAPERS FORMAT: All motion papers shall comply with 22 NYCRR § 205.5,

202.5-a, 202.8 and 202.8(a)-(g) and all motions for summary judgment shall include a statement

of material facts. Additionally, all motions, whether e-filed or not, must include an affidavit of

service demonstrating all parties have been properly served and a proposed Order.

ADJOURNMENTS: An application to adjourn a motion must be made bywritten request which

includes the consent of counsel for all appearing parties. All adjournment requests must be

received by Chambers no later than 2:00 p.m. on the Monday prior to the motion return date. The

request to adjourn must indicate the date on which the motion and anyrelated cross-motions are

returnable before the Court; the adjourn date requested (Wednesdays only); and the number of

prior adjournments. All applications for adjournment in e-filed cases shall be filed electronically

through NYSCEF. All applications for adjournment in cases not electronically filed shall be

made byemail. If the consent of all parties cannot be obtained, an oral application for an

adjournment on or before the date the motion is returnable must be made by the party seekingthe

adjournment, upon due notice to all parties. Interposition of a cross-motion with a return date

subsequent to the submission date for the motion-in-chief will not automatically cause an

adjournment of the motion-in-chief.

ELECTRONICALLY FILED MOTIONS: E-filed motions should be made returnable on

Wednesdays, when the Part is in session. Working copies are not required to be submitted

unless requested by the Court.

SUR-REPLY OR SUPPLEMENTAL PAPERS: No Sur-Replyor Supplemental Papers will be

considered absent Court permission sought and received in advance of the submission of a Sur-

Reply or Supplemental Papers.

PROPOSED ORDERS: For any unopposed motions, the movingparty shall serve and

electronically file a proposed order for the relief requested within the movingpapers on or before

the motion return date and/or submission date.

SETTLED OR WITHDRAWN MOTIONS: The Court is to be advised immediately, in

writing, of the settlement or withdrawal of any motion or anyportion of any motion pending.

Applications that are not submitted to the Court in compliance with these part rules or other

applicable provisions of law are subject to Rejection.

Artificial Intelligence

USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGY IN PREPARING COURT

PAPERS: Every attorney or party who uses an artificial intelligence (AI) tool in preparing any

paper submitted to this court is expected to understand that tool’s capabilities and limitations.

Attorneys and parties need to be aware that AI tools, amongother risks and limitations, can

generate fabricated information or fictitious citations to authority (commonly known as

hallucinations). Under existing authority,by signing a paper and submitting it to this court, an

attorney or partycertifies that the paper does not contain any false material factual statement or

anyfrivolous legal argument (see, e.g., 22 NYCRR 130-1.1, 130-1.1a), and an attorney who

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submits any paper to this court is additionally bound by the Rules of Professional Conduct.

Accordingly, any attorney or party who uses an AI tool, as defined in 22 NYCRR 161.2(a), in

preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or

served on another party in a case before this court is required to carefully review the paper and

independently ensure that it contains no fabricated or fictitious cases, statutes, or other material.

Bysigning such paper, an attorney or party certifies that such a review has been conducted and

that the paper contains no such fabricated or fictitious content. If this court determines that this

requirement has not been satisfied, such attorney or party may be subject to sanctions or other

remedial action.

RULES:Counsel shall be familiar with the New York State Unified Court System’s new rule

under Part 161, effective June 1, 2026, regarding the use of Artificial Intelligence. Counsel shall

also be familiar with the Appellate Division, Second Department decision under Judith

Landberg v. City of New York, et al., __NYS 3d __, 2026 N.Y. Slip Op 03935 (June 23, 2026).

Conferences

SCHEDULING: All adjournment requests must be received by Chambers no later than 2:00

p.m. on the Monday prior to the conference/appearance date. Requests for adjournment must be

in writing; include whether or not the adjournment request is on consent and include a direct

telephone number for each attorney handling the file so that the Court can communicate its

determination regarding the request. Please call Chambers for available adjourn dates. All

applications for adjournment in e-filed cases shall be filed electronically through NYSCEF. All

applications for adjournment in cases not electronically filed shall be made byemail.

Due to the time limitations imposed on various stages of civil cases within the purview of the

Comprehensive Civil Justice Program and its cornerstone, the Differentiated Case Management

system, adjournments of conferences will not be granted lightly. Appearances are required

unless the Court has granted an adjournment, on the consent of counsel for all parties, and

the Court has received a written confirmation via the NYSCEFsystem.

ENGAGEMENT OF COUNSEL: Adjournments requested on the ground of engagement of

counsel must comply with Part 125 of the Rules of Chief Administrator (22 NYCRR) §125.1 and

must include: (1) the basis for the priority to be afforded the other appearance; (2) the name of

the case in which the engagement is required, the nature of the proceeding, the court, and where

known, the assigned jurist; and (3) the date such engagement was incurred and whether the other

court was made aware of the court date for which the adjournment is sought.

APPEARANCES: Appearances shall be made by the attorney of record or an attorney actingin

an “Of Counsel” capacity. Attorneys and/or parties appearing must have full knowledge of the

facts and authority to settle and/or enter appropriate stipulations. Attorneys are directed to bring

all prior orders, including preliminary conference orders and additional directives issued by the

Court, to all Court conferences.

NON-APPEARANCES: Non-Appearances will not be countenanced by the Court and may

subject the non-appearing partyto one or more of the sanctions associated with defaults (see, 22

NYCRR 202.27; 22NYCRR Part 130-2).

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PRELIMINARY CONFERENCES: If an agreed Preliminary Conference Stipulation and

Order (“PC Order”)(§§ 202.2 and 202.12 of the Uniform Rules) is completed and executed by all

parties and same is electronically filed before the Preliminary Conference date, then no

appearance is required. If the PC Order is not completed and electronically filed before the

Preliminary Conference date, then the parties must appear in person in Courtroom A-301.

COMPLIANCE CONFERENCES: Compliance Conferences will be held in person on

Wednesdays at 9:30 a.m. in Courtroom A-301.

PRE-TRIAL CONFERENCES: No pre-trial conference shall be adjourned when a Note of

Issue has not been filed and a calendar number issued.

Trials

JURY TRIALS: A conference with the Court shall be held immediately prior to the

commencement of all jury trials. Counsel shall comply with 22 NYCRR 202.20-h and further,

shall supply the Court with marked pleadings, amendments thereto, all Bills of Particulars, CPLR

3101(d) notices served, and all prior Court decisions. Each party shall e-file EBT transcripts and

trial exhibits five (5) days before the commencement of trial. A list of all pre-marked exhibits

shall be provided to the Court and the Court stenographer. Counsel shall further provide the

Court with a list of proposed jury charges and the contentions of each party, all motions in limine

and proposed jury verdict sheets. Counsel shall provide the Court, in writing, a witness list which

includes the identity and number of witnesses to be called, indicating if any are experts.

In all malpractice cases each attorney, in anticipation of charge conference and verdict sheet

preparation, must have the departure and causation testimony located in the trial transcript

available for the Court’s review.

EXPERT WITNESS REPORTS: Compliance with CPLR § 3101(d)(1)(i) is required. All

expert witness reports are to be exchanged and filed with the Court no later than 60 days before

the date set for trial, and reply reports, if any, shall be exchanged and filed with the Court no later

than 30 days thereafter. Counsel shall ensure that expert witnesses are available to testify on the

scheduled trial date. Failure to provide expert reports, timely, and/or the testifying expert on the

scheduled trial date may result in preclusion of the expert’s testimonyand report.

TRIAL EXHIBITS: To the extent possible, all trial exhibits, whether stipulated to or contested,

shall be pre-marked prior to the commencement of trial. The pre-marked exhibits shall also be

provided to the Court and to the Court stenographer. All hospital records and other items in

evidence over five (5) pages must be paginated before use at trial. Anytrial related documents

submitted to the Court, which will be marked as Court Exhibits, shall be e-filed and submitted in

hard copy form to the courtroom clerk.

OBJECTIONS: Speaking objections are prohibited. Objections shall be stated without

argument, except to state the grounds (e.g., “relevance”, “leading”, “bolstering”, “hearsay”).

Counsel shall withhold all further comment or argument unless elaboration is requested by the

Court. If any additional comments and/or argument is requested and/or needed, then counsel may

request either a “bench conference” or a “sidebar” to further discuss and/or argue the objection.

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JURY CHARGES: Proposed jury charges shall be e-mailed to chambers. The proposed jury

charges shall be tailored to the particular action. Proposed requests to charge shall specify those

to which the parties consent and those to which any party objects. Proposed jury charges that

need to be tailored to the particular action must include the PJIsection number, title, and text of

the charge. If there is no Pattern Jury Instruction available, or if counsel requests a deviation from

the patterned instruction, counsel must provide the text of the proposed charge with citations to

relevant legal authority and provide a highlighted copy of all referenced authority to each party.

VERDICT SHEETS: Counsel must also provide the Court with proposed verdict sheets

by e-mailing them to Chambers in Word format and PDF format.

NON-JURY TRIALS:Non-Jury trials shall be governed by the same procedures and

requirements set forth for Jury Trials. In addition thereto, for Non-Jury trials, counsel shall

submit a proposed order framing the issues to be tried. The parties shall be required to provide a

transcript of the trial. The filing of a note of issue is a condition precedent to the commencement

of any trial.

POST-TRIAL and POST-HEARING SUBMISSIONS: Counsel for each party shall prepare

and submit a post-trial or post-hearing memorandum of proposed findings of fact and

conclusions of law for all bench trials and hearings within 20 days of the conclusion of same. All

legal arguments must be supported by relevant statutes, rules, and case precedent with proper

citations.

Inquests

INQUESTS: Anyinquest related documents submitted to the Court, which will be marked as

Court Exhibits, shall be e-filed and submitted in hard copyform to the courtroom clerk. The

parties shall be required to provide a transcript of the inquest.

Miscellaneous Matters

CONTEMPT: Adjournments are governed by the same procedures applicable to the

adjournment of motions [see above].

COMPROMISE APPLICATIONS: All applications for Court approval of a proposed

compromise of an infant or other disabled party’s claim must be submitted through the Special

Term office, with proof of service on all remaining parties. Compliance with the provisions of

CPLR 1207, 1208 and 22 NYCRR 202.67 and a proposed distribution of amounts to be

recovered by the disabled plaintiff that is consistent with the provisions of CPLR 1206 is

required. The Court will not accept medical reports/affidavits executed more than six months

prior to the submission date. The report must indicate whether the injured plaintiff has fully

recovered, and if not, the nature and extent of the injuries and course of future treatment. Since

the Court may direct that notice of the application be given to all persons who possess claims

against the proceeds recoverable under the compromise, including those with statutory liens, the

names and addresses of all such persons and the amount of their respective claims must be set

forth in the petition. If no person has asserted such a claim, the petition must so state. Once the

submissions are complete, an appearance date will be scheduled by the Court.

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HEARINGS: All hearings from cases in the inventory of this part shall be scheduled by the

Court. The filing of a note of issue is a condition precedent to the commencement of any

hearing.

JUDGMENTS/ORDERS: All proposed Orders and/or Judgments shall be submitted with a

copy of the Court minutes or decision ordering its submission.

SUBPOENAS: All subpoenas submitted to the Court for signature must conform with Article 23

of the CPLR (i.e., notice of motion or order to show cause).

REQUESTS TO SO-ORDER: All documents, stipulations, etc., that are being requested to be

signed by the Court must have a “wet” signature and the printed name of each person signing the

document.

EX PARTE COMMUNICATION WITH CHAMBERS: Except to the limited extent

permitted by these rules and by the rules set forth at 22 NYCRR 100.3, ex parte communications

with the Court or any member of its staff, by telephone or otherwise, is strictly prohibited.

Thank you for your anticipated courtesies and cooperation.

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SUPREME COURT OF SUFFOLK COUNTY

JUSTICE ALISON J. NAPOLITANO

COURTROOM RULES OF CONDUCT

The following are the Rules of Conduct that shall be observed by all attorneys appearing before

the Court.

1) Ensure that at all times cell phones are on silent or vibration mode.

2) Stand as Court is opened, recessed, and adjourned.

3) Stand when the jury enters or retires from the Courtroom.

4) Remain seated while a witness is being sworn.

5) Stand when addressing, or being addressed by, the Court.

6) Address all remarks and requests to the Court, not opposing counsel, Court Reporters,

Clerks or Court Officers.

7) Avoid disparagingpersonal remarks or acrimonytoward opposing counsel and remain

wholly detached from anyill feeling between litigants or witnesses.

8) Refer to all persons, including witnesses, other counsel and the parties, by their surnames

and not by their first or given names.

9) Only one attorneyfrom each party shall examine, or cross-examine, each witness. The

attorney statingobjections, if any, duringdirect examination, shall be the attorney

recognized for cross-examination.

10) Counsel should request permission before approaching the Bench or a witness, and any

document counsel wishes to have the Court examine should be handed to the Courtroom

Clerk or Court Officer.

11) In making objections, counsel should succinctly state only the legal grounds for the

objection (e.g., “relevance”, “leading”, “bolstering”, “hearsay”) and shall withhold all

further comment or argument unless elaboration is requested by the Court.

12) In examininga witness, counsel should not repeat or echo the answer given by the

witness.

13) All substantive sidebars shall be on the record and out of the earshot of the jury.

14) Counsel shall not make anyextrajudicial statements or express opinions or personal

knowledge directly or indirectly, nor shall counsel vouch for the credibility of a witness.