Adam W. Silverman at a glance
- Current role
- Court of Claims Judge
- Jurisdiction
- New York · State
- Judicial service
- Active
Adam W. Silverman
Court of Claims Judge · Rensselaer County Court of Claims
Biography
Professional career
- Judge, New York Court of Claims, NY, 2020-present
- Acting Justice, New York Supreme Court, Rensselaer County, New York, NY, 2020-2020
- Deputy Commissioner and Counsel, New York State Department of Corrections and Community Supervision, NY, 2019-2020
- Special Counsel to the Commissioner for Ethics, Risk, and Compliance, New York State Department of Corrections and Community Supervision, NY, 2015-2016
- att-gen-ass, Office of the New York State Attorney General, NY, 2008-2012
- Psychology, minor in Criminal Justice — George Washington University — 2005
Education
- Albany Law School — J.D. (2008)
Additional information
- Joined the Court of Claims by Governor Andrew Cuomo for a term beginning in 2020 and ending in 2026, and he has served on the bench for 7 years as of early 2026.
- Assistant Counsel to the Governor for Public Safety, Governor Andrew M. Cuomo, NY, 2016-2019
- Practitioner, Greenberg Traurig LLP, 2012-2015
- His professional expertise encompasses a broad range of civil law, and he has contributed to the legal field through his rulings and judicial guidance
- He presides primarily over civil cases, including matters involving state agencies, contracts, and claims against the state of New York.
Applicable Court Rules & Procedures
Courtroom Technology
Courtwide
The New York Court of Claims publishes courtroom evidence-presentation technology, including document/photo/object/video presentation and laptop connections in specified courtrooms.
With minimal effort, attorneys can present documents, color photos, objects, videos, and use electronic presentations to bring details to the court.Court of Claims Courtroom Technology ↗
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (78 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Artificial intelligence
Any attorney or party who uses a generative AI tool, as defined in 22 NYCRR 161.2(b), in preparing any paper, as defined in 22 NYCRR 161.2(c), 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. 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.
Source page 1Adjournments
a.Request for Conference Adjournment ......................................................................... 1 b.Electronic Mail (e-mail) .................................................................................................. 1
Source page 2Communications with chambers
All telecommunication with Chambers must be by means of joint telephone calls, as described in Rule I.c., infra. Correspondence with the Court (whether by letter, email, or otherwise), filing correspondence between parties on New York State Courts E-Filing system (NYSCEF), and copying the Court on correspondence with others, is strictly forbidden, except as specifically authorized by these rules or expressly requested by the Court. Even if the Court emails an order, opinion, or other communication to the parties, the parties may not respond by email unless directed by the Court.
Source page 4Adjournments
a. Request for Conference Adjournment - Shall be made at least two business days in advance of the scheduled conference. Such request shall be sent by email on counsel’s letterhead to the Court with a block, including a space for a date, to be So Order. The request must note if opposing counsel has consented to the request and, if not, why the adjournment is required. Counsel must also provide three alternative dates that both parties are available.
Source page 4Communications with chambers
i. Where specifically authorized by these rules or expressly requested by the Court, e-mail communication shall be sent to silvermanchambers@nycourts.gov as .pdf attachments with copies simultaneously delivered to all counsel. Proposed orders must be submitted as Microsoft Word documents and, where doing so on consent of the opposing party, should only be submitted after consent has been received.
Source page 4Communications with chambers
ii. Emails shall state clearly in the subject line the full caption of the case, including the party names and index number and the beginning of the email communication must clearly state the contents and purpose of the email.
Source page 4Communications with chambers
iii. Copies of correspondence between counsel shall not be sent to the Court.
Source page 4Communications with chambers
i. No ex parte communication with Chambers is permitted, even on consent of opposing counsel, except for when counsel for a party has not yet entered a notice of appearance.
Source page 4Communications with chambers
ii. Counsel for all affected parties must be on the line whenever a telephone call to Chambers is placed; however, all similarly situated parties may, if they wish, designate a “lead” counsel in advance to represent them on any such call. The Judge and/or his clerk is normally available to receive
Source page 4Communications with chambers
telephone calls between 9:30 a.m. - 1:00 p.m. and 2:00 p.m. - 4:00 p.m. If calling within these hours, counsel need not schedule a telephone call to Chambers in advance.
Source page 5Communications with chambers
iii. Please first provide the index number of the case when a Chambers staff member answers the telephone. Any message left on the Chambers voicemail or with Chambers staff must include the index number of the case and the names and telephone numbers of all participating counsel.
Source page 5Filing and working copies
All parties must familiarize themselves with the statewide E-Filing Rules (Uniform Rule §§ 202.5-b and 202.5-bb – available at www.nycourts.gov/efile1). General questions about e-filing should be addressed to the E-Filing Resource Center at 646- 386-3033 or efile@nycourts.gov.
Source page 5Communications with chambers
All submissions to the Court, including proposed orders, proposed judgments, and letters, must be electronically filed. Proposed orders should be simultaneously emailed as a Word documents to silvermanchambers@nycourts.gov.
Source page 5Adjournments
i. Working copies for all contested motion papers and letters to the Court other than motion adjournment requests are required (see Uniform Rule § 202.5-b [d] [5] [22 NYCRR 202.5-b]).
Source page 5Communications with chambers
ii. Working copies shall be delivered to Chambers no later than 5:00 p.m. on the third business day following the electronic filing of the document on the NYSCEF site.
Source page 6Filing and working copies
iii. All working copies submitted must include a copy of the NYSCEF Confirmation Notice firmly fastened as the front cover page of the submission (see 22 NYCRR 202.5-b [d] [5]). Working copies without the Confirmation Notice will not be accepted.
Source page 6Filing and working copies
i. Hard copy submissions in e-filed cases will only be accepted if they bear the Notice of Hard Copy Submission–E-Filed Case required by Uniform Rule § 202.5-b (d) (1) (see 22 NYCRR 202.5-b [d] [1]). The form is available at www.nycourts.gov/efile.
Source page 6Communications with chambers
b. Mandatory Notice - Within ten (10) days of written notification of the Court’s assignment to a case, or written notification of a Preliminary Conference, whichever shall first occur, each attorney shall file a record of appearance with Chambers.
Source page 6Communications with chambers
i. The record of appearance shall include the attorney’s name, firm affiliation, e-mail address, mailing address, telephone number, and the party represented.
Source page 6Conferences and appearances
ii. The record of appearance shall also contain a written acknowledgment that counsel is familiar with these Part Rules.
Source page 6Discovery
b. Proposed PC Order - A form stipulation and order will be provided to the parties to establish a timetable for discovery within parameters set forth by the Court after determination as to whether a matter should be designated a “standard” or a “complex” case.
Source page 7Communications with chambers
c. Waiver of PC Conference - If all parties sign the stipulation and return it to Chambers no later than three business days prior to the scheduled conference, and each party provides the Court with a summary of the case (including the facts and legal contentions), such form will be “so ordered” by the Court and, unless a matrimonial action or the Court orders otherwise, the conference will be cancelled upon notice from the Court.
Source page 7Filing and working copies
ii. Mandatory Filings – Each party shall file the following documents with the
Source page 7Communications with chambers
Oral argument may be requested by a written communication to the Court. If the Court, in its discretion, allows such argument, all parties or their counsel will be so notified.
Source page 8Communications with chambers
a. Orders to Show Cause - Motions shall be brought on by order to show cause only when there is genuine urgency, a stay is required or a statute mandates so proceeding. Absent advance permission of the Court, reply papers shall not be submitted on orders to show cause. (see 22 NYCRR 202.8-d). Unless the moving party can demonstrate significant prejudice by reason of giving notice, or that notice could not be given despite a good faith effort to provide notice, a temporary restraining order should not be issued ex parte (22 NYCRR 202.8-e).
Source page 8Discovery
i. Counsel must consult with one another in a good faith effort to resolve all disclosure disputes (see Uniform Rule 202.20-f [22 NYCRR 202.20-f]).
Source page 8Motion practice
ii. Prior to making a discovery-related motion, counsel shall pursue a conference call with the Court pursuant to Rule I.c., Supra. This procedure does not preclude the moving party from making such motion, but provides the Court with an opportunity to resolve the dispute giving rise to the motion without the need for a formal written application.
Source page 8Motion practice
iii. If a conference with the Court cannot resolve an issue and motion papers are necessary, counsel for the moving party, following the scheduling of the motion, shall file a short Notice of Motion setting forth a one-sentence description of the motion, the schedule for service and filing of the various parties’ papers, and the date and time of oral argument as may be set by the Court.
Source page 8Motion practice
i. Motion papers shall consist of moving papers, answering papers, and the moving party’s reply papers.
Source page 8Motion practice
iii. Unless otherwise specified by the Court, any memorandum of law submitted with the moving papers or the answering papers on any motion is limited to 25 double-spaced pages, and any reply memorandum is limited to 10 double- spaced pages. Both the text and footnotes in such memoranda of law must be in 12 point type on 8½ by 11 inch paper (or the electronic equivalent), with Times New Roman type preferred. Each electronically-submitted memorandum of law, affidavit and affirmation, exceeding 4500 words, shall include bookmarks providing a listing of the document’s contents and facilitating easy navigation by the reader within the document (see 22 NYCRR 202.8-a, 202.8-b).
Source page 9Filing and working copies
v. All documents filed on NYSCEF must be word-searchable to the extent reasonably practicable (see “Formatting Specifications And Guidelines For Electronically Filed Documents” accessible at https://nycourts.gov/COURTS/AD1/E- Filing/TechnicalRequirementsEfiling.pdf)
Source page 9Communications with chambers
vi. Sur-replies will not be considered unless the Court otherwise directs. If new issues are raised in the reply or if there has been a change in the law while the motion is pending, counsel are to advise Chambers in writing of the request to submit additional affidavits or memoranda (see 22 NYCRR 202.8- c).
Source page 9Motion practice
vii. Other papers, including letters which are sent after the submission of the motion, will not be considered.
Source page 9Motion practice
i. All motions for summary judgment must be made within sixty (60) days of the filing of the Note of Issue unless otherwise ordered by the Court (the ‘motion period’) or the motion will not be entertained. The motion should be made returnable no later than thirty (30) days from the date of filing.
Source page 9Motion practice
1. Upon any motion for summary judgment, other than a motion made pursuant to CPLR 3213, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried.
Source page 10Communications with chambers
2. In such a case, the papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party and, if necessary, additional paragraphs containing a separate short and concise statement of the material facts as to which it is contended that there exists a genuine issue to be tried.
Source page 10Communications with chambers
3. Each numbered paragraph in the statement of material facts required to be served by the moving party will be deemed to be admitted unless specifically controverted by a correspondingly numbered paragraph in the statement required to be served by the opposing party.
Source page 10Motion practice
4. Each statement of material fact by the movant or opponent pursuant to subdivision (a) or (b), including each statement controverting any statement of material fact, must be followed by citation to evidence submitted in support of or in opposition to the motion.
Source page 10Adjournments
i. On Consent - The Court must be advised by letter that a motion is adjourned on consent. A copy of the letter is to be sent to all parties and transmitted to the Court via email on non-NYSCEF cases and via NYSCEF on cases subject to electronic filing.
Source page 10Adjournments
ii. Opposed - Absent agreement by the parties, a request by any party for an adjournment shall be submitted in writing via email in non-NYSCEF cases and via NYSCEF in cases subject to electronic filing.
Source page 10Conferences and appearances
a. Pre-Requisite for Appearance - In any case represented by counsel, only attorneys fully familiar with the action and authorized to make binding stipulations may appear (see 22 NYCRR 202.1 [f]).
Source page 11Trial exhibits and witnesses
c. Assignment of Trial Date - Any matter not resolved during the PTC will be assigned a date certain for trial. Accordingly, those who appear at the PTC must be ready to advise the Court of their availability for trial.
Source page 11Filing and working copies
At least five business days before the PTC, each party must submit to the Court a Statement of Proposed Disposition (see 22 NYCRR 202.16 [h]). The statement shall be signed under penalty of perjury by the parties and shall be filed with the court with proof of service upon the other party. In addition, each party shall submit an updated sworn statement of net worth with proof of service upon the opposing party, unless submission of such updated statement of sworn net worth is excused by the court.
Source page 11Courtroom conduct and technology
of birth of the parties and any children of the marriage; residence addresses of the parties; nature and place of employment of each party, the income of each party, and whether any prenuptial agreement or postnuptial agreement exists between the parties; provided however, that the court shall have discretion to excuse any party or counsel from submitting a statement of background facts for good cause shown.
Source page 12Conferences and appearances
2. Agreed statement of facts of the parties. Attorneys for the parties are required to meet in advance of the pretrial conference to discuss an agreed statement of facts. If the parties can agree, said statement will be marked in evidence at the trial of the action; but if the parties cannot agree, the statement will not be required. This provision shall not be applicable where one or both of the parties is self- represented. Where both parties are represented by counsel, counsel may seek permission of the court in exercising its discretion to be exempt from compliance with this provision in appropriate circumstances.
Source page 12Trial exhibits and witnesses
4. A statement of contested and unresolved issues remaining for trial; provided, however, that the court shall have discretion to excuse any party or counsel from submitting a statement of issues contested and unresolved remaining for trial for good cause shown.
Source page 12Filing and working copies
e. Failure to Comply – Absent explanation deemed reasonable by the Court, failure to comply with the PTC filing requirements set forth above will result in cancellation of the PTC. Continued failure to comply will require counsel to show cause why sanction(s) should not be imposed (see 22 NYCRR 130-1.1).
Source page 12Trial exhibits and witnesses
i. No later than ten (10) business days prior to the scheduled trial date, counsel shall each provide to the other (one copy) and submit to the Court (two copies)
Source page 12Trial exhibits and witnesses
3. Pre-trial memorandum addressing any known or anticipated disputed legal issues that must be determined by the Court.
Source page 13Trial exhibits and witnesses
6. A list of all exhibits to be offered into evidence at trial by each party with a brief description of each exhibit. Medical records do not need to be annexed to the trial notebook.
Source page 13Communications with chambers
e. An electronic version of PJI variations must be submitted either on CD-ROM, flash drive, or via e-mail in either Microsoft Word format. E-mails are to be directed to silvermanchambers@nycourts.gov.
Source page 13Discovery
2 Counsel must be aware of their obligations under 22 NYCRR 202.15 regarding filing prior to the date set for trial. The proponent of the videotaped deposition shall have the responsibility of providing whatever equipment and personnel may be necessary for presenting such videotape deposition (see 22 NYCRR 202.15 [i]).
Source page 13Communications with chambers
b. An electronic version of the verdict sheet(s) must be submitted either on CD-ROM, flash drive, or via e-mail in either Microsoft Word format. E-mails are to be directed to silvermanchambers@nycourts.gov.
Source page 14Filing and working copies
c. If agreement cannot be reached on a joint submission, then each side shall present a proposed verdict sheet, along with a written explanation as to why agreement on the verdict sheet was not reached.
Source page 14Conferences and appearances
ii. The Court may, in its discretion and for good cause shown, relieve counsel from all or part of the trial notebook requirements upon a showing that the issues to be tried are sufficiently narrow that the trial notebook is not necessary or that the interest of justice otherwise justifies such relief. Such a request will be entertained only at the pre-trial conference.
Source page 14Trial exhibits and witnesses
i. No later than five (5) business days prior to the scheduled trial date, each counsel shall provide to the other and submit to the Court a statement setting forth the factual basis and authority for any objection to the introduction into evidence of the exhibits identified in the list provided by opposing counsel.
Source page 14Discovery
i. A witness not identified in the witness list provided to opposing counsel either in discovery or in the trial notebook, other than an impeachment or rebuttal witness, may not be permitted to testify unless an adequate explanation is provided for the failure to identify such witness prior to trial.
Source page 14Trial exhibits and witnesses
ii. Parties, fact witnesses, and expert witnesses should be advised of the scheduled dates at the time the dates are set.
Source page 14Trial exhibits and witnesses
iii. Absent unanticipated, exigent circumstances, last minute claims of unavailability will not be accommodated where the trial dates have been previously set.
Source page 14Trial exhibits and witnesses
iv. All witnesses should be on one-hour phone call notice so that their waiting time in court is minimized.
Source page 15Filing and working copies
Except as otherwise directed by the Court, a party who has the burden of proof on a claim, cause of action, damage or defense shall serve its response to an expert demand pursuant to CPLR 3101 (d) on or before the filing of the Note of Issue.
Source page 15Discovery
Such party has until the filing of the Note of Issue to serve such response regardless of how early the demand is made. Any opposing party shall serve its answering response pursuant to CPLR 3101 (d) within 60 days after the filing of the Note of Issue. Any amended or supplemental expert disclosure shall be allowed only with the permission of the Court. Unless the Court directs otherwise, a party who fails to comply with this rule is precluded from offering the testimony and opinions of the expert for whom a timely response has not been given. (see The Third Judicial District’s Expert Disclosure Rule)
Source page 15Trial exhibits and witnesses
i. Any exhibit not identified in the exhibit list provided to opposing counsel, other than an exhibit offered for the purpose of impeachment or rebuttal, may not be admitted into evidence unless an adequate explanation is provided for the failure to identify such exhibit prior to trial.
Source page 15Trial exhibits and witnesses
ii. Exhibits marked into evidence at trial will not be returned until the final conclusion of the matter.
Source page 15Trial exhibits and witnesses
iii. Exhibits marked for identification will be retained by the offering attorney during trial, unless taken into evidence.
Source page 15Conferences and appearances
ii. If the matter is not settled prior to the scheduled trial date, the trial will commence as scheduled. Settlement negotiations may not be entertained by the Court on the scheduled trial date prior to commencement of the trial.
Source page 16Communications with chambers
iii. If the matter is settled outside the presence of the Court, counsel shall advise Chambers immediately.
Source page 16Conferences and appearances
iv. Proceedings requiring the presence of the jury will not be delayed by settlement discussions once the jury panel has been drawn by the jury commissioner.
Source page 16Motion practice
i. All motions in limine must be filed and served upon all counsel no later than ten (10) business days prior to the scheduled date of the trial or hearing, except as to issues that cannot be reasonably anticipated prior to trial.
Source page 16Motion practice
ii. Written opposition to motions in limine must be filed and served upon all counsel no later than five (5) business days prior to the scheduled date of the trial or hearing.
Source page 16Motion practice
iii. Unless otherwise directed by the Court, motions in limine and opposition papers to such motions shall not exceed ten (10) pages in length.
Source page 16Adjournments
Whenever a matter is to be tried by an attorney other than the attorney-of-record, trial counsel shall be identified in a writing, filed with the Court on notice to all parties, no later than fifteen (15) days from the date of the Pre-trial Conference (see Uniform Rule 202.31 [22 NYCRR 202.31]). The Court may waive this rule only in instances where the attorney of record is unexpectedly engaged in an unrelated trial and the late retention of trial counsel permits the trial before the Court to proceed without adjournment.
Source page 16Trial exhibits and witnesses
i. Juries shall be selected by the parties outside the presence of the Court in accordance with “White’s Method” found in Appendix “E” of the Uniform Rules for the New York Trial Courts.
Source page 17Conferences and appearances
However, pursuant to CPLR 4109, the number of peremptory challenges maybe adjusted by the Court in certain matters in the discretion of the Court and in the interests of justice. The jury selection process will not be delayed by settlement negotiations once the jury panel is seated.
Source page 17Trial exhibits and witnesses
Unless the directed otherwise, the parties may obtain and provide to the Court, at the party’s expense, on or before the date set by the Court at the conclusion of the trial, a copy of the trial transcript and each party shall submit a post-trial brief with respect to the issues raised during the trial, setting forth specific references to the relevant portions of the transcript and the documents in evidence and citing the applicable law.
Source page 17Filing and working copies
Along with the submission of the post-trial briefs, counsel shall also present the Court with proposed findings of fact and conclusions of law (see CPLR 4213 [a]).
Source page 17Conferences and appearances
Counsel must immediately notify the Court by email, and where appropriate, by e- filing of the settlement or withdrawal of any action or proceeding upon such settlement or withdrawal (see 22 NYCRR 202.28).
Source page 17Adjournments
A copy of the signed Stipulation of Discontinuance which has (or will be) submitted to the County Clerk shall be submitted to the Court so that the matter may be marked disposed.
Source page 18Shared court rules
22 NYCRR Part 206 — Uniform Rules Court Claims
New York Court of Claims
Court of Claims actions and proceedings
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Court of Claims Courtroom Technology
Courtwide source · HTML · Source checked July 26, 2026
View Court of Claims Courtroom Technology ↗