Hon. Deborah Poulos — Part 35 Rules

SUPREME COURT OF THE STATE OF NEW YORK

I. A. S. PART 35 - SUFFOLK COUNTY

PART RULES & PROCEDURES

HON. DEBORAH POULOS

J. S. C.

Principal Law Clerk: Alita McKinnon, Esq.

amckinno@nycourts.gov

Secretary: Michele Intreglia

Chambers: (631)208-5650

Fax: (631) 853-4535

Email: Sufpoulos@nycourts.gov

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

the Local Rules of Court.

I. ADJOURNMENTS

A. Motions and Compliance Conferences:

1. Adjournments will only be granted for good cause. Scheduling

conflicts and “ongoing settlement discussions” are not considered valid

reasons for adjournment requests. Applications for adjournments of

conferences shall be made by contacting chambers, no later than 3:00

p.m. on the business day prior to the scheduled conference or return

date of any motions by emailing the Court at sufpoulos@nycourts.gov.

All applications shall be made after consultation with all attorneys 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. In the event all counsel do 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.

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

matter, an Affirmation of Actual Engagement in conformity with 22

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

information included, copied to all counsel.

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4. Fridays are “SUBMISSION” only. Generally, there will be no

conferences scheduled for Fridays, except at the Court’s discretion.

B. Preliminary Conference :

1. All counsel and parties SHALL attend the Preliminary Conference. No

Preliminary Conferences shall be adjourned absent a compelling

reason. (Counsel are directed to review 22 NYCRR § 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 are 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 Information Sheet provided by the Court and submit it by email

at sufpoulos@nycourts.gov three (3) days PRIOR to the Preliminary

Conference. “DO NOT UPLOAD TO NYSCEF”

II. MOTIONS

EXCEPT IN AN EMERGENCY SITUATION, 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:

1. All motions will 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 Affidavits 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 adjourned to the return date of the Cross-Motion for

all papers to be considered.

2. All motions are submission only and no appearances are required

unless the Court approves a request by counsel on notice to and with

the consent of all sides or if directed by the Court.

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3. Motions are to be served and filed in conformity with CPLR § 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.

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 adjourn the motion(s) a letter MUST be sent to the

Court on consent the day PRIOR to the return date.

B. Application for a Stay or Temporary Restraining Order:

1. 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 with 22 NYCRR § 202.7 (f) or §202.8-e. The

moving party shall advise all sides and the Court as soon as

practicable of counsel’s intent to make the application.

2. DO NOT notice a specific time for a motion to be heard without 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 of the 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 settled, 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 return 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. COURT APPEARANCES

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

dates unless otherwise excused by the Court.

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B. All attorneys and pro se litigants must check in with the Court Clerk. Counsel

are requested to leave their cell phone numbers with the Court Clerk, in the

event they are leaving the part.

IV. COMMUNICATION WITH CHAMBERS

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 adjournment or to request an emergency conference.

C. Counsel SHALL NOT send copies of any correspondence between counsel to

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

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 of

each 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 day-to-day until completed, subject to the

Court’s availability.

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