Hon. Frank A. Tinari — Part 50 Rules

STATE OF NEW YORK

UNIFIED COURT SYSTEM

HON. FRANK. A. TINARI

Supreme Court Justice

CHAMBERS

Hon. Alan D. Oshrin Supreme Court Building

1 Court Street - Room A362

Riverhead, New York 11901

Telephone: (631)852-1960

Fax: (631)852-1884

Chambers email: sufftinari@nycourts.gov

HEATHER SCHAUB-MAGILL ANGELINA DAILY

Principal Law Secretary Secretary

email: Hschaub-M@nycourts.gov email: adaily@nycourts.gov

IAS/TRIAL PART 50 - RULES & PROCEDURES

EFFECTIVE 1/21/2025

Unless otherwise directed by the court, the following rules shall govern practice in Part 50:

1. MOTION PRACTICE

RETURN DATES/SUBMISSIONS: All motions made in cases assigned to Justice Tinari

shall be calendared for submission on Tuesdays. Unless adjourned by the Court or withdrawn by

the movant, all motions appearing on the Court’s Tuesday motion calendar shall be marked

submitted. All exhibits must be uploaded with a corresponding cover page to NYSCEF.

Working copies are not required. Appearances are not required on any motion unless oral

argument has been requested and granted. All requests for oral argument must be made in

accordance with 22 NYCRR 202.8(d).

ADJOURNMENTS: All proposed adjourn dates must fall on a Tuesday. An application

for an adjournment of a motion may be made by submission of a written request on consent of

counsel for all appearing parties. All stipulations of adjournment must be received by Chambers

prior to the return date, and must be uploaded to NYSCEF. The stipulations must indicate the

date on which the motion and any cross-motions riding therewith are returnable before the Court;

the adjourn date requested (Tuesdays only); If the stipulated consent of all appearing parties is not

obtainable, an oral application for an adjournment on the date the motion is returnable before the

Court must be made by the party seeking the adjournment, upon due notice to all parties.

DISCOVERY MOTIONS: No motion related to disclosure or bills of particulars may be

made unless and until a conference has been conducted by this court, notwithstanding that a

preliminary or other conference may have been conducted by Justice Tinari or another justice

previously assigned the action. The purpose of the conference will be to resolve the dispute

between the parties, whether by stipulation or by order of the court. Counsel should be prepared

to argue his or her position w ith regard to the disputed disclosure on the date of the conference.

In the event the dispute cannot be resolved, the court may grant permission to make an

appropriate motion addressed to the disputed disclosure. All requests for a pre-motion

conference must be uploaded to NYSCEF and must outline the discovery issue(s).

2. CONFERENCES

SCHEDULING: Conferences shall be calendared for any Tuesday or Thursday

effective 4/1/2025, when the Part is in session.

APPEARANCES: Appearances by persons with knowledge of the facts is required.

ADJOURNMENTS: Applications for adjournments of conferences are governed by the

same procedures applicable to adjournments of motions (see above). All adjournment requests

must be uploaded to NYSCEF and must include a reason for the adjournment, by no later

than 2:00 p.m. of the day preceding the scheduled conference. Appearances are required

unless the Court has granted the adjournment request.

PRELIMINARY CONFERENCES: Preliminary conferences will be scheduled by the

Court in accordance with 22 NYCRR 202.12 and 202.19(b). All matters, including those raised

by pending motions and those contemplated by 22 NYCRR 202.19, shall be undertaken at the

preliminary conference.

COMPLIANCE CONFERENCES & PRE-TRIAL CONFERENCES:

These conferences will be scheduled and conducted in accordance with the provisions of

22 NYCRR 202.19.

3. TRIALS:

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

commencement of all jury' trials, at which counsel shall supply the Court with marked

pleadings, any amendments thereto, and all bills of particulars served. Counsel shall further

provide the Court with a list of proposed jury charges, the contentions of each party, any

motions in limine, and proposed jury verdict sheets. A list of all pre-marked exhibits shall also

be provided to the Court and to the stenographer. Counsel shall notify the Court of their inability

to stipulate to the admission of any exhibits to be offered at trial. Counsel shall further advise the

Court of the witnesses to be called, and if any are experts, shall further provide the information

required by CPLR 3101(d)(l)(I).

NON-JURY TRIALS: Non-jury trials will be governed by the same procedures and

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

submit a brief pre-trial memorandum of law. 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.

4. MISCELLANEOUS MATTERS:

E-FILINGS: For all documents filed by electronic means in matters assigned to Justice

Tinari, working copies are not required.

COMPROMISE APPLICATIONS: All applications for Court approval or a proposed

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

Term, with copies of all pleadings served. Compliance with the provisions of CPLR 1207, 1208,

and 22 NYCRR 202.67 and a proposed distribution of net amounts to be recovered by the disabled

plaintiff that is consistent with 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 the 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 shall be scheduled by the Court with directions for service.

eff. 1/21/2025