--- title: "Allison E. Burke | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/allison-e-burke" page_type: "judge_profile" updated: "2026-08-02" --- # Allison E. Burke Westchester County Supreme Court · Supreme Court Justice ## Profile - Court: Westchester County Supreme Court - State: New York - Role: Supreme Court Justice - Service status: active - Last verified: 2026-07-26 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - NYS Unified Court System Associate Court Attorney 2020 to 2024 - Westchester County Attorney's Office Assistant County Attorney 2008 to 2020 - She also taught as a Criminal Justice Adjunct Professor at Monroe College from 2007 to 2009 - Registered with the New York State Unified Court System and maintains her attorney registration in good standing, with her office located in New Rochelle, New York ### Education - Secondary Education City University of New York - Lehman College — M.A. (2007) - J.D. — Maurice A. Deane School of Law at Hofstra University — 2003 - Pace University — B.A. (2000) ### Additional information - Judge Allison E. Burke currently presides over family law cases in the Westchester County Family Court, having been elected to her term beginning in 2025 and set to continue through 2034. - Before her judicial appointment, she held the role of an Assistant County Attorney in the Westchester County Attorney's Office from 2008 to 2019 and worked as an Associate Court Attorney to the Hon. - NYC Administration for Children's Services Agency Attorney, Division of Legal Services 2004 to 2005 - Allison Burke earned her Juris Doctor (JD) from Hofstra University in 2003 and was admitted to practice law in New York State in 2004. - Her professional experience spans both litigation and academic roles, reflecting a broad understanding of legal and procedural matters - One of the candidates nominated by the Democratic Party for the newly added judicial seat, which increased the total number of family court judges in the county ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### recording and photography Scope: statewide New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms. Evidence excerpt: 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 obtained [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) Source checked: 2026-07-26 ### evidence presentation control Scope: 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. Evidence excerpt: 1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) Source checked: 2026-07-26 ### trial exhibit books Scope: statewide In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses. Evidence excerpt: The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use. [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### exhibit marking Scope: statewide Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise. Evidence excerpt: Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection. [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### virtual evidence courtroom Scope: statewide For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction. Evidence excerpt: Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents. [Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### electronic appearances Scope: statewide For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements. Evidence excerpt: For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically. [Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) Source checked: 2026-07-26 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=Kd44SpgxKe1DGnGBAx6Upw%3D%3D) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=Kd44SpgxKe1DGnGBAx6Upw%3D%3D) - [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=Kd44SpgxKe1DGnGBAx6Upw%3D%3D) - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) - [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) - [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) - [Judicial Directory: Hon. Allison E. Burke](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=Kd44SpgxKe1DGnGBAx6Upw%3D%3D) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/allison-e-burke", "url": "https://knowjudges.com/kyj/judge/allison-e-burke", "name": "Allison E. Burke | KnowJudges", "description": "Allison E. Burke, Westchester County Supreme Court. Source-linked judicial identity, courtroom procedures, and presentation guidance.", "dateModified": "2026-08-02", "isPartOf": { "@id": "https://knowjudges.com/#website" }, "mainEntity": { "@id": "https://knowjudges.com/kyj/judge/allison-e-burke#judge" } }, { "@type": "Person", "@id": "https://knowjudges.com/kyj/judge/allison-e-burke#judge", "name": "Allison E. 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See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 1 · Collected 2026-10-27 #### Courtroom conduct and technology Counsel shall ensure that the Part has a current email address and mobile phone number on file for themselves and their clients. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 1 · Collected 2026-10-27 #### Filing and working copies All filings shall be made in compliance with current Administrative Orders and the Uniform Rules for the Family Court (22 NYCRR § 205.1 et seq.). Anyone appearing before this Court shall be fully familiar with same. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances Petitions and Orders shall be obtained from the Clerk’s Office before the scheduled Court appearance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances Counsel must notify the Court no later than ten (10) business days before an appearance is scheduled if an interpreter is needed. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Communication with the Court must be in writing. Counsel and parties should strive to limit telephone calls to Court staff to situations requiring immediate attention that cannot otherwise be addressed by written correspondence. Telephone communication should be limited to contact with the part secretary regarding non-substantive, administrative issues in a case. At no time shall an attorney or litigant contact the court attorney to speak about or ask questions relating to the merits of the case or inquire about substantive issues within the case. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Communication about substantive issues via letter or e-mail to the Court is discouraged. Parties or counsel should either wait to address substantive issues at the next scheduled court appearance or file the appropriate application with the Court in lieu of litigating via email. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Requests for an interim conference shall be limited to situations where the attorneys and/or parties have made substantial good-faith efforts to resolve the dispute or issue but have been unsuccessful and the matter is time sensitive. Letters requesting such conference must specify the nature of the efforts that have been made to resolve the issue before the Court will respond to the request for a conference. Where appropriate, the interim conference may be conducted by the court attorney. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Ex-parte communications is strictly prohibited except upon the presentation of an Order to Show Cause for signature. All other correspondence with the Court must be copied to all counsel and self-represented parties and shall prominently indicate the file number and next appearance date. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Any communication sent to the Court without being copied to all counsel, including the Attorney for the Child and any self-represented parties, will be returned to the sender. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments All adjournments must be approved by the Court even when the parties and counsel have consented to the adjournment. Adjournment requests must be made in writing and emailed to VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov with a copy to Judge Burke’s secretary Larissa Ramos (lramos@nycourts.gov) and Part Clerk Erin Minutello (eminutel@nycourts.gov). If there is no response from the Court regarding an adjournment request, assume that it has been denied and that you must appear. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments Adjournments of appearances without the consent of the other attorney(s) or party(ies) will not be granted unless: (1) there is an affirmation of prior engagement in full compliance with 22 NYCRR § 125.1; or (2) there are exceptional circumstances. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Adjournment requests due to actual engagement must be filed with an affirmation of actual engagement in conformance with 22 NYCRR §125.1 and include the date the conflicting appearance was scheduled. The affirmation shall be filed as soon as the conflict is known, but not less than seven (7) days prior to the appearance absent good cause. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Absent exigent circumstances, adjournment requests shall be made at least seven (7) days prior to the scheduled appearance and must indicate the reason for the adjournment request and whether the request is on consent of all counsel and/or parties. Proof of emergency may be required. Please note that if an adjournment request is made the afternoon before or the morning of an appearance, it is unlikely the Court will have sufficient time to address the request. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments To the extent possible, even when an adjournment is granted, counsel will be required to log on at the original date/time to pick a new date with Judge Burke’s Part Clerk for an adjournment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Remote appearances In the event counsel cannot appear virtually to pick a new date, the requesting party will be required to coordinate dates. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments If an adjournment request is granted, the requesting party must notify all interested parties, including the Attorney for the Child and any self-represented parties, of the adjourned date and send confirming notification of the new date. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Counsel and parties are expected to appear in person unless otherwise directed by the Court. Any request for a virtual appearance must be made to the Court at least 72 hours in advance of the Court appearance unless there is a genuine emergency. Proof of emergency may be required. Requests to appear virtually must be made in writing and emailed to VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov with a copy to Judge Burke’s secretary Larissa Ramos (lramos@nycourts.gov) and Part Clerk Erin Minutello (eminutel@nycourts.gov). Please note that if a request for a virtual appearance is made the afternoon before or the morning of an appearance, it is unlikely the Court will have sufficient time to address the request. If there is no response from the Court regarding a request to appear virtually, assume that it has been denied and that you must appear in person. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Retained attorneys must file a written notice of appearance and, if applicable, a fully executed consent to change attorney form on or before the date of his/her first appearance. In the case of Assigned Counsel and Attorneys for the Children, your Notice of Assignment/Appointment shall serve as the Notice of Appearance. The Court can only provide case information to the attorney of record. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 3 · Collected 2026-10-27 #### Courtroom conduct and technology All Attorneys must stand when addressing the Court on the record. Attorneys and parties should dress appropriately to conduct business with the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments The attorney of record is responsible for providing the covering attorney with available dates for at least the next eight weeks. Failure to provide dates will result in the Court selecting a date convenient to all other counsel and parties. Failure to appear on the following adjourned date may result in reassignment (if counsel is assigned) and/or any other relief the Court finds to be just and proper. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments If service of process is not completed by the Preliminary date, the case may be adjourned to complete personal service. If service is not completed by the adjourned personal service date, the case may be dismissed for lack of service unless the Court finds good cause for an additional adjournment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances As soon as possible, the Attorney for the Child shall notify the Court if a Guardian Ad Litem is required when the Child’s parent or legal guardian will not or cannot attend the Court appearance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies All related legal documents must be filed with the Clerk’s Office in New Rochelle or directly through the Virtual Family Court Portal at VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov or EDDS. Each document must be filed as a separate document or attachment and not grouped as a single attachment to an email or filed with the Clerk’s Office stapled as a packet. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice Regarding matters where the Petitioner is seeking an order of custody, the petition, summons, and SIJS motion must be personally served upon the Respondent, unless otherwise directed by the Court pursuant to a motion for substituted service. The Affidavit of Service must indicate that all documents with respect See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice to the custody petition and SIJS motion were translated into the Respondent’s native language and a copy of the translated documents must be included with the Affidavit of Service. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice Regarding matters where the Petitioner is seeking an order appointing a guardian of the person, if a consent and waiver (see below) has not been filed, the petition, summons, and SIJS motion must be personally served on the Respondent, unless otherwise directed by the Court pursuant to a motion for substituted service. The Affidavit of Service must indicate that all documents with respect to the guardianship petition and SIJS motion were translated into the Respondent’s native language and a copy of the translated documents must be included with the Affidavit of Service. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 5 · Collected 2026-10-27 #### Trial exhibits and witnesses In matters for which the Court issues a pre-trial order/order of fact-finding rules and procedures, counsel must adhere to all requirements and deadlines set forth in the order absent a showing of good cause and/or prior Court approval. In the interest of judicial economy, all exhibits must be pre-marked. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 6 · Collected 2026-10-27 #### Adjournments Trial Subpoenas: When subpoenas are directed to documents in the possession, custody or control of libraries, hospitals, and municipal corporations and their departments and bureaus, the subpoena notice must be “So Ordered” by the Court (“judicial subpoena”) pursuant to CPLR §§ 2306 and 2307 and then be served on the intended recipient at least three (3) days before the time fixed for the production of the documents, unless such notice is waived by the Court due to emergency circumstances as set forth in CPLR § 2307. The judicial subpoena must be served on all counsel and parties to the proceeding promptly after service on the witness, as required by CPLR § 2303(a). Any party wishing to obtain a judicial trial subpoena must move the Court on one (1) days’ notice to the person having custody of the record or document pursuant to CPLR §2302 (b) and must do so at least seven (7) days prior to the scheduled fact- finding hearing, except in exceptional circumstances. Fact-finding hearings will not be adjourned for failure to comply with this provision, except for good cause. Motions for judicial subpoenas should be delivered to the Office of the Family Court Clerk at the Courthouse or filed virtually. The Court’s issuance of a judicial subpoena does not constitute a ruling as to the admissibility of the subpoenaed materials. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 6 · Collected 2026-10-27 #### Trial exhibits and witnesses Trial Notebook: No less than three (3) weeks before the first scheduled trial date on a matter, each party or counsel must file with the Court a “Trial Notebook” and provide a copy of that notebook to each attorney or self-represented party to the matter. The Court shall be provided with a hard copy. Counsel may stipulate to exchange virtual copies. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 6 · Collected 2026-10-27 #### Communications with chambers 1. Witness List The list shall identify the name, address and telephone number of the proposed witness (unless confidential) and a brief statement, or offer of proof, as to why the witness is being called and to what the party expects the witness to testify. If a witness is not identified in the witness list provided to opposing counsel or party as part of the trial notebook, the witness may not be permitted to testify in a party’s case-in-chief unless an adequate explanation is provided for the failure to identify such witness prior to trial. Fact witnesses and expert witnesses should be advised of the scheduled dates at the time the dates are set. Absent unanticipated, exigent circumstances, last minute claims of unavailability will not be accommodated where the trial dates have been previously set. All witnesses should be on one-hour phone call notice so that their waiting time in court is minimized. Professional witnesses and witnesses who are public employees may be permitted to testify out of order to accommodate their employment schedules. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 6 · Collected 2026-10-27 #### Trial exhibits and witnesses 2. Exhibit List with copies of pre-marked proposed Exhibits The list shall enumerate all exhibits to be offered into evidence at trial by each party with a brief description of each exhibit. With the exception of a forensic evaluation or subpoenaed records, the “trial notebook” shall contain a copy of each proposed exhibit that the party/attorney intends to offer into evidence in support of his or her case at trial. The See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 6 · Collected 2026-10-27 #### Trial exhibits and witnesses parties/counsel shall make a good faith effort to resolve any disputes regarding admissibility of evidence and stipulate to the admissibility of as many exhibits as possible. All exhibits expected to be used at a Fact-Finding Hearing, whether the exhibit will be marked for identification or moved into evidence, must be pre-marked. Petitioner’s exhibits shall be numbered. Respondent’s exhibits shall be lettered. Attorney for the Child exhibits will be designated AFC 1, 2, 3, etc. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice Motions in Limine shall be filed at least (2) two weeks prior to trial. Failure to timely file said motion may result in the preclusion of any such motions thereafter. Do not argue proof on the record in the presence of any witnesses. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances In matters where parties are all represented by counsel, counsel will be required to appear for a virtual pre-trial conference with the Judge’s Court Attorney for the purpose of discussing stipulations that have been agreed upon between counsel/parties, and resolving as many remaining disputed evidentiary issues as possible. To the extent possible, pre-trial conferences will be held two (2) weeks prior to trial. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances Please use your best efforts to engage in settlement conferences prior to coming to Court. If you reach a settlement prior to the scheduled fact-finding hearing and the settlement does not have to be conducted at an appearance before the court, the attorney for the moving party shall submit the written settlement agreement signed by the parties and the attorneys prior to the trial date. All written settlement agreements must contain voir dire language and, where applicable, indicate that the required registry checks were completed. The parties’ signatures must be notarized. Any matter involving a family offense petition may not be resolved by written stipulation. Said matter must be resolved at an appearance before the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Adjournments Motions must be filed with the Clerk’s Office in New Rochelle and shall be made returnable pursuant to Civil Practice Law and Rules §408 and §2214. Motions should generally be made returnable on the matter’s next scheduled appearance date and time, unless directed otherwise by the Court. If there is no future date or the attorney is requesting an appearance on a motion before the adjourned date, said request should be indicated in the Notice of Motion. The Court, in its discretion, may schedule an appearance on the motion and, if it does so, will notify the parties of the appearance date and time. Please be advised that the attorneys and/or parties shall not adjourn the return date of the motion without the consent of the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice Late papers will be rejected unless good cause is shown and there is no prejudice caused by the delay. Papers must only address the relief sought in the Order to Show Cause/Notice of Motion. New issues raised in opposition or reply papers shall not be considered without specific permission from the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice Cross-motions which seek only the denial of the relief in the original motion will not be recognized as See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice motions with respect to which a reply may be submitted. Sur-replies shall not be considered without specific permission from the Court. Permission for sur-replies will be granted only upon a showing of exceptional circumstances. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice Order(s) to Show Cause must be filed with the Clerk’s Office in New Rochelle or directly through the Virtual Family Court Portal at VirtualWestchesterFamilyCourtNewRochelle@nycourts.gov. A copy of the Order to Show Cause will be emailed or faxed to the submitting attorney. The returned Order to Show Cause will either be signed or indicate that the Judge declined to sign. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 8 · Collected 2026-10-27 #### Communications with chambers If an Order to Show Cause requests temporary relief, counsel must comply with the provisions of 22 NYCRR § 202.7(f) and notify the opposing counsel/party that he or she has 24 hours to respond via letter to the Court to the request for temporary relief, unless counsel provides an affirmation alleging that there would be significant prejudice suffered by complying with this requirement, or if the Order to Show Cause seeks an order of protection via temporary restraining order. If counsel has complied with this provision, the Order to Show Cause must clearly specify such, either in a separate affirmation or an accompanying letter to the Court. Failure to comply with this section will result in all temporary relief being struck; however, compliance with this section does not ensure that temporary relief will be granted. If a requested order has specific urgency, counsel should make the Clerk of the Family Court aware of the issue. The Court will use every effort to address all orders as soon as is practical after their receipt. If a proposed Order to Show Cause contains a request for a temporary order of protection or other emergency ex parte relief, counsel should advise the Clerk of the Family Court upon filing and should be prepared, with his or her client, for a hearing at such time as the Court will direct. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 8 · Collected 2026-10-27 #### Communications with chambers It is the responsibility of counsel for any incarcerated party to file a proposed order to produce with affirmation for his or her client to appear in person, by telephone or video. This does not preclude other counsel from filing a proposed order. The proposed order must indicate the type of appearance sought (in person, telephone or video). All proposed orders must include the incarcerated party’s date of birth and inmate number (DIN, JID, NYSID, etc.). Counsel is responsible for transmitting the order to the correctional facility. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies All proposed orders must be filed with the Clerk’s Office in person or virtually. All proposed orders on consent shall have attached copies of emails from all counsel indicating consent to entry of the order or be signed by all counsel and with notarized signatures of all parties, unless the complete terms of the proposed order have been placed upon the record and the Court has completed a satisfactory voir dire of all parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences and appearances Proposed orders that do not reflect the Court record will be returned; the Court will not make the changes for you. If the submitting attorney was not present for the settlement or does not remember the proceedings of which the proposed order is based, the submitting attorney should obtain a copy of the transcript before submitting the proposed order to the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances A copy of the proposed order(s) must be submitted to the Court on Notice of Settlement within thirty (30) days from the date the decision is rendered by the Court, unless otherwise directed by the Court. Proposed orders in child protective proceedings and permanency hearings pursuant to Articles 10 and 10-A of the Family Court Act, respectively, must be submitted for signature immediately, but in no event later than fourteen (14) days of the earlier of the Court’s oral announcement of its decision or signing and filing of its decision unless otherwise directed by the Court. See, 22 NYCRR §205.15. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances All paper hard copy orders must be accompanied by a self-addressed and stamped envelope. If there is opposition to the proposed order, the objecting attorney or party shall negotiate in good faith to resolve the language/provision of which counsel/party is objecting. If the attorneys are not able to resolve the objection, then the objecting attorney shall submit a proposed counter order to the Court prior to the settlement date, along with the original proposed order and a “redlined” copy highlighting the language which differs from that of the originally submitted order, unless otherwise directed by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances Requests for a forensic evaluation shall be made on or before the first conference, except for good cause shown. Any application for a forensic evaluation made in writing must be on notice to all counsel and/or pro se party. Said application shall identify the basis for the application and any of the issues that are believed to be relevant to the evaluation by describing them in detail. The writing shall also identify who should be seen by the forensic evaluator including collateral sources, list any documentation for the forensic evaluator to review, identify any agencies or therapeutic professionals providing services to the parties and/or Child, and identify the professional discipline of the forensic evaluator. If the parties cannot agree on an evaluator, the request should include at least three names of proposed evaluators. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 9 · Collected 2026-10-27 #### Discovery Parties with retained counsel shall pay 100% of the private pay cost for his or her evaluation and 50% of the evaluation for any child(ren) UNLESS otherwise directed by the Court after receipt and consideration of a duly executed financial disclosure affidavit (FDA) supported by documentation of income, expenses and debt. Parties requesting assistance with the cost of forensics pursuant to County Law § 722-c shall submit an FDA. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses Copies of the forensic evaluation will be made available for viewing at the courthouse. The forensic evaluation will not be released unless pursuant to this Court’s Order for Release, which states that the report will be admitted into evidence at trial as a court exhibit subject to cross-examination of the forensic evaluator and the rules of evidence. If all parties consent to the terms of the Court’s Order for Release of the Forensic Evaluation, a copy of the forensic evaluation can be picked up in person by the attorney(s) of record or mailed upon good cause shown. Copies will not be released directly to the parties, including pro se litigants, under any circumstances. The parties may review the evaluation in their attorneys’ offices or have it read to them over the phone. Pro se litigants may review the evaluation in the courthouse during regular business hours by making an appointment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_AEBurke.pdf) · Source page 10 · Collected 2026-10-27 ### Shared court rules - [22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction](https://knowjudges.com/courtroom-rules/ny-shared-set-5e0f997e8c334d15fbc4) — State criminal proceedings only; section-specific court and case exceptions remain applicable. [Official source](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction). Collected 2026-10-27. - [22 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court](https://knowjudges.com/courtroom-rules/ny-shared-set-bf1c7eb9020e52eed65d) — Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable. [Official source](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court). Collected 2026-10-27. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.