Hon. Peter R. McGreevy — Part 76 Rules

HON. PETER R. McGREEVY

SUPREME COURT OFTHE STATE OF NEW YORK

Hon. Alan D. Oshrin Supreme Court Building

One Court Street, Room 237

Riverhead, New York 11901

Telephone: (631) 852-2584

Chambers email: SUFMCGREEVY@NYCOURTS.GOV

TARA M. HIGGINS, ESQ. JO ANN FORMAN

Principal Law Clerk Secretary to Judge

CIVIL PART 76

COURT RULES AND PROCEDURES

Effective: January 1, 2025

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

CORRESPONDENCE

All correspondence with Part 76 shall be through NYSCEF, except in non e-filed cases, which shall be

by email. All correspondence shall reference the index number and include all parties.

CONFERENCES

All conferences are in person on Tuesdays and Thursdays. Applications to adjourn conferences must be

in writing, and received no later than 2:00PM the day prior to the conference. Applications must indicate

the reason for the adjournment, the proposed adjourn date, and whether it is upon consent of all parties.

Appearances are required unless the Court has specifically granted the application.

MOTIONS

DISCOVERY MOTIONS: Parties must confer in good faith on all discovery disputes prior to engaging

in motion practice.

RETURN DATE/SUBMISSION: All motions shall be calendared on Thursdays. Motions are on

submission only and no appearance is required unless otherwise directed by the Court. All motions,

except in non e-filed cases, are to be filed and served via NYSCEF.

NOTE: Appearances are required when presenting an Order to Show Cause seeking a

temporary restraining order, stay, or similar relief. No appearance is required on the resulting

return date.

ADJOURNMENTS:Applications to adjourn motions must be made in writing and indicate consent of

counsel for all appearing parties. Requests must indicate the date on which the motion and any related

cross-motions are returnable as well as the adjourn date requested (Thursdays only). All applications for

adjournments in e-filed cases are to be filed electronically through NYSCEF. All applications for

adjournments in cases not electronically filed will be made tochambers emailand copied to all counsel.

DISCONTINUANCE FILINGS:All motions to discontinue and stipulations discontinuing an action

must include an affirmation detailing the reason for discontinuing the matter.

TRIALS

A conference with the Court will be held prior to the commencement of all trials, jury and non-jury. In

addition to compliance with 22 NYCRR 202.20-h, counsel will provide the Court with the following:

- Marked pleadings and amendments thereto

- Bills of particulars and any supplements

- CPLR 3101(d) notices and responses

- All prior Court decisions

- List of all pre-marked exhibits

- Joint statement of stipulated facts

- List of all stipulated exhibits

- List of all witnesses to be called, including expert witnesses

- Proposed jury charges

- All motions in limine

- Proposed jury verdict sheets

Counsel will stipulate to as many facts and to the admissibility of as many exhibits as possible. Any trial

related documents submitted to the Court, which will be marked as Court exhibits, are to be e-filed and

submitted in hard copy form to the Courtroom Clerk.

In the case of a non-jury-trial, counsel will be required to provide a transcript of the trial.

INQUESTS

Any inquest related documents submitted to the Court, which will be marked as Court exhibits, are to be

e-filed and submitted in hard copy form to the courtroom clerk. The parties are required to provide a

transcript of the inquest.

FORECLOSURE CONFERENCES

Status conferences may be requested at any stage after release from the Foreclosure Settlement

Conference Part (“FSCP”). Any request for a conference shall be made via NYSCEF. The email must

include two proposed dates for said conference. No ex-parte or telephone requests for conferences will

be entertained. The Court willsuasponte schedule status conferences as it deems appropriate or

necessary.

All persons, attorneys and pro se litigantswho appear for a conference, be it status, pre-trial or otherwise,

must be fully familiar with the facts, procedural history, and present status of the case. If a client does

not attend the conference, the attorney must have a phone number for their client, ensure their client has

settlement authority, and is available to answer any case-related questions that may arise during the

conference.

FORECLOSURE MOTION PRACTICE

All motions, to the extent possible shall include a proposed order for the Court’s review. Any stipulation

to adjourn a motion must be filed through NYSCEF in advance of the submission date and shall include

the reason for the adjournment.

With respect to dispositions and discontinuances, parties shall promptly file a Notice of Stipulation or

Discontinuance and Cancellation of Pendency through NYSCEF with a courtesy copy to chambers email.