Hon. Joseph Farneti — Part 37 Rules

STATE OF NEW YORK

UNIFIED COURT SYSTEM

HON. JOSEPH FARNETI

Acting Supreme Court Justice

CHAMBERS

Hon. Alan D. Oshrin Supreme Court Building

1 Court Street - Room 216

Riverhead, New York 11901

Telephone: (631) 852-3160

Chambers Email: suffarneti@nycourts.gov

ANDREA C. MIMS EILEEN MAFFEI

Principal Law Clerk Secretary

IAS/TRIAL PART 37 - RULES & PROCEDURES

(Effective 4/1/2026)

Unless otherwise directed by the Court, the following rules shall govern practice

in Part 37:

1. MOTION PRACTICE: (Except Contempt - see Miscellaneous Matters)

PRE-MOTION CONFERENCE: Prior to submitting a motion on actions

assigned to this Court, the movant shall arrange and schedule a

conference with the Court, notify all parties to the action in advance, and

be prepared to articulate the issues and efforts toward resolution,

notwithstanding that a preliminary or other conference may have been

conducted by this Court or another justice previously assigned to 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. In the

event the dispute cannot be resolved, the Court may grant permission to

make an appropriate motion addressed to the disputed issue.

No motion may be submitted in the absence of a pre-motion

conference, which shall be held via personal appearance with prior

approval of Chambers. The pre-motion conference may be conducted in

conjunction with a regularly scheduled conference or may be requested by

correspondence emailed to suffarneti@nycourts.gov on notice to all appearing

parties. Such correspondence should include the full name of the case and the

index number, a contact person and their direct phone number along with their

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email address, and a brief summary of the nature of the dispute.

This pre-motion conference rule shall not apply the following applications:

1. Ex parte proceedings (i.e. infant compromise applications, et al.),

2. Motions for an order seeking leave to enter a default judgement where the

opposing party has not appeared in the action or proceeding;

3. Motions submitted after a note of issue and certification of readiness has been

filed and accepted by NYSCEF

The parties shall immediately file written notice with the New York State

Courts Electronic Filing system (NYSCEF) to the Court of the withdrawal or

settlement of any motion, or portion thereof, or settlement of any case in

which a motion is pending. Failure to promptly notify the Court of such

developments may result in sanctions.

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

Justice Farneti shall be calendared for submission on Thursdays. Unless

adjourned by the Court or withdrawn by the movant, all motions appearing

on the Court’s Thursday motion calendar shall be marked submitted.

PAPERS: Timely interposition of all papers in accordance with the CPLR is

required, as the Court will not consider the merits of any papers, including

opposition, cross-moving or reply, which appear to have not been

interposed in accordance with the CPLR or 22 NYCRR § 202.8. The timely

submission of memoranda of law is expected in all special proceedings and

on motions which include demands for dispositive relief.

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, among other

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 party certifies that

the paper does not contain any false material factual statement or any frivolous

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

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

Conduct. Accordingly, any attorney or party who uses an artificial intelligence

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.

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By signing 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 sanction or other remedial action.

ADJOURNMENTS: Adjournments of motions are limited to three in

number and may not extend the original return date for more than sixty (60)

days unless prior permission of the Court is obtained (22 NYCRR § 202.8

[e]). All proposed adjourned dates must fall on a Thursday. An

application for an adjournment of a motion may be made by submission of

a written request containing the stipulated consent of counsel for all

appearing parties. All stipulations of adjournment must be received by

Chambers no later than 2:00 p.m. on the day 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; and the adjourn date requested (Thursdays only).

A denial of any stipulated adjournment request will be forthwith

communicated by Chambers personnel by court notice on NYSCEF. If the

stipulated consent of all appearing parties is not obtainable, a written

application for an adjournment before the date the motion is returnable

before the Court must be made by the party seeking the adjournment by

filing a letter with NYSCEF stating the reasons for the adjournment, and

Chambers personnel will issue a court notice as to the grant or denial of

such request. Interposition of a cross-motion with a return date

subsequent to the submission date of the motion-in-chief will cause an

administrative adjournment of the motion-in-chief.

2. CONFERENCES:

SCHEDULING: Conferences may be calendered by the Court for any Tuesday,

Wednesday or Thursday other than court holidays.

APPEARANCES: Appearances by persons with knowledge of the facts

and vested with authority to make binding dispositions are required. Non-

appearances will not be countenanced by the Court, and may subject the

non-appearing party to one or more of the sanctions attendant with defaults

(see 22 NYCRR § 202.27; 22 NYCRR Part 130-2). All appearances before Justice

Farneti are in person. Attorneys and parties who seek to appear before the Court

virtually or by telephone must submit a written request, along with a proffer of

good cause to do so. The Court will only grant such requests on an extremely

limited basis.

Part 37 Rules & Procedures Page 4

ADJOURNMENTS: Due to the time limitations imposed on various stages

of civil cases within the purview of the Comprehensive Civil Justice

Program and its cornerstone, and the Differentiated Case Management

system, adjournments of conferences will not be granted lightly.

Applications for adjournments of conferences shall be made in writing on

notice to all appearing parties to the Chambers email address. Appearances are

thus required, unless the Court has granted an adjournment upon a written request

containing the stipulated consent of counsel for all parties, and such request is

received by Chambers no later than 2:00 p.m. of the day preceding the scheduled

conference.

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 trial conference with the Court shall be held immediately

prior to the commencement of all jury trials. Thereat, 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, 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 be experts, shall further provide the information required by CPLR

3101 (d) (1) (I).

NON-JURY TRIALS: Non-jury trials are subject to scheduling by the Court.

A conference with the Court shall precede the commencement of all non-jury

trials, except for inquests on damages, at which counsel shall submit the

following: (1) a copy of marked pleadings, any amendments thereto, and bills of

particulars; (2) a list of pre-marked exhibits, and identification of those on which

counsel could not agree as to their introduction at trial; (3) a list of witnesses, and

if any be experts, the information required by CPLR 3101 (d) (1) (i); and (4)

pretrial memoranda of law. The parties shall be required to provide a transcript of

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the trial. The filing of a Note of Issue is a condition precedent to the

commencement of any trial.

4. MISCELLANEOUS MATTERS:

CONTEMPT: All applications must be made by Order to Show Cause, and

appearance by all parties and/ or counsel on the return date is mandatory. No

adjournments will be granted unless a stipulation consenting to the adjournment,

signed by all parties and any alleged contemnor who is not a party, is received in

Chambers no later than 2:00 p.m. of the day prior to the return date.

COMPROMISE APPLICATIONS: All applications for Court approval of a

proposed compromise of an infant or other disabled party’s claim must

comply with the provisions of CPLR 1207, 1208 and 22 NYCRR § 202.67,

and a proposed distribution of the net amounts to be recovered by the

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

required. The Court requires an unredacted proposed order determining

the application, including the full name of the disabled plaintiff and date of

birth, to be sent to the Chambers email address. 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. As 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 amounts 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 for the

purpose of a compromise hearing.

HEARINGS/INQUESTS: All hearings and/or inquests emanating from

cases in the inventory of IAS Part 37 shall be scheduled by the Court. The

filing of a Note of Issue, as well as timely written notice to the defaulting

party or parties as to the date and time of the inquest or any adjourned

date thereof, are conditions precedent to the commencement of any

hearing or inquest. The failure to make the requisite filings and/or to provide the

required notice shall cause a single adjournment of the inquest.

EX PARTE COMMUNICATIONS WITH CHAMBERS: Except to the

limited extent permitted 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. All inquiries regarding the

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scheduling of conferences or return dates of motions should be directed to

Chambers at (631) 852-3160 or via email to suffarneti@nycourts.gov.

Otherwise, direct telephone communication with Chambers is prohibited

except for the most exigent circumstances. Authorized communication with

Chambers is thus limited to the emails permitted by these rules, all of which

must contain stipulated consents of all other appearing parties or proof that

the email communication was duly served upon all such parties.

Thank you for your courtesies and cooperation