Hon. Glenn A. Murphy — Part 25 Rules

SUPREME COURT OF THE STATE OF NEW YORK

I. A. S. PART 25 - SUFFOLK COUNTY

PART RULES & PROCEDURES

HON. GLENN A. MURPHY

A. J. S. C.

Principal Law Clerk: Joseph Mercurio, Esq.

Jmercuri@nycourts.gov

Secretary: Diane Morrissey-Dabrowski

Chambers: (631) 740-3911

Fax: (631) 853-3288

Email: Sufmurphy@nycourts.gov

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

the Local Rules of Court.

I. ADJOURNMENTS

A. Motions and Compliance Conferences:

1. Adjournments willonly 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 bycontacting chambers, no later than 3:00

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

date ofanymotions byemailingthe Court at sufmurphy@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. willnot 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. ALL ADJOURNMENTS, which have been approved by the Court,

MUST be confirmed with a letter to the Court by email (to the

Court and all parties) and uploaded to NYSCEF. The letter shall

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include the parties’ names and index number, that the adjournment

request was granted, indicating it was on consent or over opposing

counsels objection, the initial scheduled date and the new return or

conference date and time. Ifa conference date is adjourned, anymotion

also returnable that day, unless specifically indicated and agreed

between counsel, shall be adjourned to the next scheduled conference

date.

4. 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.

B. Preliminary Conference :

1. All counsel and parties SHALL attend the PreliminaryConference. 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 ofIssue 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 byconference call prior to making anyformal motion.

Certification and Note of Issue dates may not be extended absent

approval of the Court.

3. Counsel MUST COMPLETE the PreliminaryConference Form and

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

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

Preliminary Conference. “ DO NOT UPLOAD TO NYSCEF”

II. MOTIONS

EXCEPTINANEMERGENCY SITUATION,COUNSELARETOCONTACT

THE COURT TO REQUEST A PRE MOTION CONFERENCE PRIOR TO

THE MAKING OF ANY MOTIONIN 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 Replymust be submitted to the Motion Clerk or e-filed to

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

with Affidavits in Opposition to the principal motion will be calendered

on the return date ofthe Cross-Motion. Counsel should ensure that the

principal motion is adjourned to the return date ofthe Cross-Motion for

all papers to be considered.

2. All motions are submission onlyand noappearancesare required

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

the consent of all sides or if directed bythe Court.

3. Motions are to be served and filed in conformitywith CPLR § 2214, 22

NYCRR Part 202.8-b and in accordance with NYSCEF filing rules.

4. All motions seeking pendente litereliefmust be in compliance with 22

NYCRR § 202.16 to be properly considered..

5. There is no right to submit a Replyfor applications brought byOrder

to Show Cause and leave ofthe Court must be obtained PRIORto 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 dayPRIOR to the return date.

B. Application for a Stay or Temporary Restraining Order:

1. AnyOrder to Show Cause seeking injunctive relief, including a stayor

TRO, and anyOrder to Show Cause seeking emergencyrelief, 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 ofthe papers, the Court will contact the moving partyand

advise of the Court’s availability to hear oral argument or schedule a

conference if the Court deems same 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 ofSettlement to the Court along with a letter fromthe movant, on

notice to all sides, indicating the return date ofthe motion and setting forth, in

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detail, what aspects ofthe 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 sameand shall confirmthat 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.

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 theyare 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 ofthe action, the full names ofthe

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 ofanycorrespondence between counsel to

the Court. Anysuch 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.

Ifdeposition transcripts are to be used at trial, the Court must be supplied with

a copyof the transcript.

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2. Counsel shall informthe Court whether anymotions are outstanding or issues

referred to trial and copies ofthe motions shall be made available to the Court.

3. All trials and hearings maycontinue day-to-dayuntil completed, subject to the

Court’s availability.

VI. JUDGMENT SUBMISSION PACKETS

A sixty(60) dayorder will be issued upon the settlement or trial decisionofa matter.

The submission packet should be filed on or before the initial submission date. If

additional time is necessary, an adjournment request must be forwarded via NYSCEF

and an email to the court requesting additional time to submit the final packet.

No more than two (2) adjournments will be granted to submit a judgment packet. The

third request, except for good cause shown, will require a court appearance ofparties

and attorneys. Failure to appear may cause the matter to be DISMISSED.

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