Allison M. McGahay at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2036
Allison M. McGahay
Supreme Court Justice · Essex County Supreme Court
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Biography
Professional career
- Justice, Supreme Court, Essex County, Elected, 2023 to 2036
- Justice of the Essex County Supreme Court in New York’s 4th Judicial District, serving a term from 2023 to 2036
- Solo attorney, Law Office of Allison M. McGahay, PLLC (2013–2022)
- Essex County Board of Elections, Commissioner, 2013 to 2022
- Essex County District Attorney's Office, Assistant District Attorney, 2009 to 2012
- Carter, Conboy, Case, Blackmore, Maloney & Laird, P.C., Associate Attorney, 2004 to 2006
Education
- Albany Law School — J.D. (2004)
- B.A. — State University of New York at Oswego — 2001
Additional information
- New York State Board of Elections, Deputy Director of Elections Operations, Special Counsel, 2006 to 2008
- McGahay has served on the board of the New York State Association of Criminal Defense Lawyers, the executive committee of the New York State Election Commissioners Association, and the Northwood School Board of Trustees
Applicable Court Rules & Procedures
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 ↗
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.
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 ↗
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.
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 ↗
Remote appearances
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.
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 ↗
Statewide
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
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 ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (55 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Courtroom conduct and technology
Counsel1 in matters pending before the Court shall ensure that the Court and all other counsel are continuously provided with up-to-date contact information to include current mailing addresses, email addresses and phone numbers.
Source page 1Communications with chambers
The Court routinely utilizes email to communicate with counsel. Counsel shall regularly check their email to ensure that they are receiving communications from the Court.
Source page 1Communications with chambers
All communications to the Court, whether they be about general Court procedure or substantive issues, shall be made in writing and on notice to all parties that have appeared in a matter, except where otherwise allowed by the law. The Court does not wish to be copied on contentious correspondence between counsel. If assistance is needed in resolving an issue, counsel may either request a conference or file a motion.
Source page 1Communications with chambers
1 Wherever the terms “counsel” and/or “attorney” are used herein, they shall be deemed to include self-represented litigants. Chambers: P.O. Box 217, 7559 Court Street, Elizabethtown, NY 12932 chambersamcgahay@nycourts.gov Local Practice Rules: https://ww2.nycourts.gov/courts/4jd/motion-terms-rules.shtml
Source page 1Conferences and appearances
Counsel must make all scheduled appearances and conferences on time, and in the manner directed by the Court. Failure to appear as directed may result in the entry of an order pursuant to § 202.27 of the Uniform Civil Rules For The Supreme Court & The County Court.
Source page 2Adjournments
Where the parties have agreed to settle, and unless otherwise directed by the Court, all scheduled appearances must be made unless a fully executed stipulation of discontinuance is filed with the County Clerk.
Source page 2Remote appearances
IMPORTANT: You are prohibited from recording video or audio, or taking photos or screenshots during a virtual proceeding. (see Part 29 of the Rules of the Chief Judge and Part 131 of the Rules of the Chief Administrative Judge)
Source page 2Conferences and appearances
The Court regularly utilizes Microsoft TEAMS for Court appearances. Where the Court has scheduled an in-person appearance, requests to appear via Microsoft TEAMS shall be made on notice to all persons/entities entitled to notice in the matter.
Source page 2Remote appearances
In some situations, the Court may treat parties/counsel requesting to appear via TEAMS differently, based upon the above considerations. For example, the Court may allow counsel who has a conflicting engagement in another Court to appear via TEAMS but require other counsel to appear in-person.
Source page 3Conferences and appearances
Requests for conferences shall be made in writing, state the reason for the conference and provide available dates convenient to all counsel. Requesting counsel shall initially contact all other counsel to determine their position with respect to the scheduling of a conference and for convenient dates available to all parties.
Source page 3Adjournments
Initially, counsel shall contact all other counsel to determine their position with respect to an adjournment of a conference/appearance. An adjournment of any conference/appearance shall be requested in writing, on notice to other counsel.
Source page 3Adjournments
The requesting counsel shall provide proposed new dates, a reason for the adjournment, and opposing counsel’s position regarding such adjournment.
Source page 3Adjournments
Absent unforeseeable/exigent circumstances, any request for an adjournment must be made at least 1 business days before the scheduled date of the conference/appearance.
Source page 3Motion practice
Preliminary conferences in contested matrimonial actions are scheduled pursuant to § 202.16 of the Uniform Civil Rules For The Supreme Court & The County Court. Clients must be present, and counsel must file a Statement of Net Worth and a Retainer Agreement with the Court prior to the conference. A Scheduling Order will be issued containing a return date for any pendente lite motions. All pertinent matters will be discussed at the conference in an effort to resolve and limit contested issues.
Source page 4Conferences and appearances
A pre-trial/final settlement conference will be scheduled by letter after the filing of a Note of Issue. Counsel shall contact their client(s), witness(es) and experts before this conference to determine their availability for trial. Counsel attending the conference must be familiar with the case, have pertinent portions of the file with them and have authority to discuss settlement.
Source page 4Conferences and appearances
Clients or a representative of the insurance carrier may be required to attend. In contested matrimonial actions, the parties must attend the final settlement conference.
Source page 4Adjournments
Counsel shall confer prior to the date of the conference to discuss settlement and the resolution of any trial issues. Postponement of the trial after the pre-trial conference is discouraged and will not be granted absent extraordinary circumstances.
Source page 4Communications with chambers
All papers/submissions/documents/arguments that a party wishes for the Court to consider when deciding a motion shall not be mailed, emailed or delivered directly to Justice McGahay’s Supreme Court Chambers, but shall be filed with the county clerk of the county where the action is venued, in accordance with §§ 202.5 , 202.5-b, and 202.5-bb of the Uniform Civil Rules For The Supreme Court & The County Court.
Source page 4Motion practice
The Court does not have dedicated special term appearance dates for motions. Accordingly, motions brought on by Notice of Motion (see CPLR 2214) are heard by the Court ON SUBMISSION ONLY, unless the Court schedules oral argument, pursuant to the “Procedure for Oral Argument” set forth below. This means that no in-court appearance will occur at the date, time and place specified for the hearing of the motion (also known as the return date, or the date the motion is returnable). Instead, such date and time is when and where the motion will be considered fully submitted and ready for the Court to decide. The Court’s decision on
Source page 4Motion practice
The movant is responsible for selecting the date/time of the hearing of the motion specified in the notice of motion (also known as the return date). The movant can select any weekday for the return date, provided it is not a Court holiday, and shall list a time of 9:30 a.m. A list of
Source page 5Motion practice
The movant shall specify the place of the hearing of the motion in the notice of motion by listing the name and address of the county courthouse where the action/proceeding is venued (e.g.- a matter venued in Essex County, should list the place of the hearing on the motion, as “Essex County Courthouse, 7559 Court Street, Elizabethtown, NY 12932” or use ).
Source page 5Motion practice
In accordance with § 202.8-f of the Uniform Civil Rules For The Supreme Court & The County Court the following procedure for requesting oral argument shall be utilized by
Source page 5Adjournments
If a movant seeks oral argument on their motion, they shall comply with the procedure, above, for Motions brought on by Notice of Motion; however, they shall also write “ORAL ARGUMENT REQUESTED” on the face of the notice of motion, or by letter to the Court in writing, on notice to all parties. If a non-movant seeks oral argument on a motion, they shall make such request by letter to the Court in writing, on notice to all parties. After the motion becomes fully submitted, and upon the Court’s review of the submissions, the Court will determine whether oral argument will be scheduled. When the Court elects to hold oral argument, the Court will set the time and place of the oral argument, which will also serve as the adjourned return date and time for the motion.
Source page 5Motion practice
The Court reserves the right to schedule and require oral argument for any motion that it determines would benefit from such appearance.
Source page 5Motion practice
In accordance with § 202.8-d of the Uniform Civil Rules For The Supreme Court & The County Court, motions shall be brought on by order to show cause only when there is genuine urgency (e.g., applications for provisional relief), a stay/temporary restraining order is required or a statute/rule mandates proceeding in such manner. Additionally, depending on the nature and status of an action/proceeding, the Court may require a motion for contempt to be brought on by order to show cause.
Source page 6Motion practice
As part of the application for an order to show cause, the movant shall file a proposed order to show cause. Any application that is not accompanied by a proposed order to show cause will not be treated as fully submitted to the Court.
Source page 6Motion practice
Where a statute provides that a motion is to be made upon such notice “as the court may direct” or employs similar language (e.g.- CPLR 321[b][2], CPLR 5015[a], DRL 244), the movant shall seek such relief by order to show cause.
Source page 6Motion practice
Unless otherwise requested by the Court, courtesy copies of motion papers are not required.
Source page 6Communications with chambers
In accordance with § 202.8-c of the Uniform Civil Rules For The Supreme Court & The County Court, absent express permission in advance, sur-reply papers, including correspondence addressing the merits of a motion are not permitted, except that counsel may inform the court by letter of the citation of any post-submission court decisions that are relevant to the pending issues, but there shall be no additional argument. Materials submitted in violation of this rule will not be considered. Opposing counsel who receives a copy of materials submitted in violation of this rule shall not respond in kind.
Source page 6Adjournments
If papers are not timely served on all counsel, the Court reserves the right to adjourn the return date of the motion.
Source page 6Motion practice
Attorneys submitting exhibits in NYSCEF cases should make each exhibit a separate attachment to an affidavit/affirmation in the system, i.e., exhibits should not be filed as a single .pdf file together with the affidavit/affirmation or grouped together as a single .pdf attachment because either of these two formats makes it difficult for the Justice to locate particular exhibits as needed. Counsel must also include appropriate descriptive language in the “Additional Document Information” field in NYSCEF. Failure to comply with this rule may result in the Court: 1) directing the filer to take corrective action; or 2) denying the motion without prejudice to the filing of a new motion in compliance with this rule.
Source page 7Adjournments
Motion adjournment requests shall be made to the Court, in writing, before the scheduled return date of the notice of motion.
Source page 7Adjournments
Requesting counsel shall initially confer with all other counsel to determine if the adjournment is on consent. If so, a letter (one copy only) shall be delivered to Chambers before the return date. The letter shall either set forth a new return date for the motion or shall set forth a new submissions schedule for the motion, which addresses what is to become of the motion return date. An agreement should not be addressed to a single service deadline related to the motion (e.g.- the non-movant’s time to serve opposition papers), without also addressing what is to become of any other service deadlines related to the motion (e.g.- the movant’s time to serve reply papers), and what is to become of the motion return date.
Source page 7Adjournments
If the adjournment is not on consent, requesting counsel shall write the Court to request the adjournment. The letter shall notify the Court of the opposition to the adjournment and shall specify the good cause for the requested adjournment.
Source page 7Motion practice
No discovery motion may be filed unless counsel personally confer, or attempt to personally confer to resolve the discovery issue in accordance with § 202.7 of the Uniform Civil Rules For The Supreme Court & The County Court . Attempts to personally confer shall not be limited to writing emails and letters but shall also include attempts to speak to each other to resolve the issue.
Source page 7Motion practice
Additionally, prior to motion practice, a conference with the Court shall be requested in writing to attempt to resolve the dispute.
Source page 7Motion practice
Where a discovery motion involves a claim that certain item or items are privileged, after complying with the above procedure for “Discovery Motions (generally)”, the movant shall file the privilege log required of CPLR 3122(b) with their motion papers, and the party
Source page 7Communications with chambers
claiming privilege, in addition to filing their motion papers, shall submit to Chambers for in camera inspection, an unredacted copy of the item or items for which privilege is claimed.
Source page 8Motion practice
Depending on the nature and status of an action/proceeding, the Court may require a motion for contempt to be brought on by order to show cause.
Source page 8Motion practice
REFERENCE, AND JUDGMENT OF FORECLOSURE AND SALE” (see e.g. AO/356/17 EXHIBIT C). If such a motion is made, the Court reserves the right to: 1) deny the motion without prejudice to the filing of a motion for a default judgment and order of reference; or 2) require the submission of a proposed “ORDER OF REFERENCE AND DEFAULT JUDGMENT” granting so much of the motion seeking an order of reference and default judgment.
Source page 8Motion practice
(iii) This Court requires the use of the form TERMS OF SALE contained at the following url: https://www.nycourts.gov/forms/foreclosure/ . To the extent a party seeks for the Court to deviate from the form TERMS OF SALE, they shall move for such relief, specifically addressing the nature of each material deviation and establishing good cause therefor. In the absence of such motion, the Court will direct the use of the form TERMS OF SALE in the judgment of foreclosure and sale.
Source page 8Motion practice
It is the responsibility of all counsel practicing before the Court to maintain and comply with the scheduling order. If counsel for one party fails to comply with a discovery request/demand/deadline/order, then counsel seeking the discovery shall timely pursue compliance, as outlined above (see “Discovery Motions”). If a deadline contained in a scheduling order is missed, all other deadlines remain effective.
Source page 9Filing and working copies
If an order an directs the County Clerk to take some form of action (for example, to amend the caption of an action), a copy of the order must be served on the County Clerk pursuant to CPLR 8019(c). In e-filed cases, this shall be done by filing with NYSCEF a completed Notice to the County Clerk - CPLR § 8019(c) (NYSCEF Form EF-22), unless a different notice is required (see e.g. Notice of Sealing [NYSCEF Form EF-7], Notification of Order Extending Restriction [NYSCEF Form EF-26]).
Source page 9Motion practice
Subpoenas that must be issued by the Court or by a Judge or Justice (see for example CPLR §§ 2302[b], 2307), shall be brought before the Court by motion on notice.
Source page 10Discovery
(i) Unless otherwise directed otherwise, expert disclosure shall be provided by Plaintiff(s) 90 days before trial. Expert Disclosure shall be provided by Defendant(s) 60 days before trial.
Source page 10Motion practice
(ii) Motions in limine should be in writing and made returnable at least two weeks before the date of the trial.
Source page 10Trial exhibits and witnesses
(iii) Exhibits should be presented to the Court Reporter prior to commencement of trial to be pre-marked. Counsel shall also confer prior to trial to determine if the admission of any exhibits into evidence will be stipulated and advise the Court of that prior to trial.
Source page 10Trial exhibits and witnesses
(iv) Jury selection shall follow one of the authorized methods contained at § 202.33 of the Uniform Civil Rules For The Supreme Court & The County Court, as the parties may agree. The Court may preside over a portion of, or the entirety of jury selection. Time limits on counsel may be imposed. Counsel are to confine their voir dire questions to the qualifications of the jurors.
Source page 10Communications with chambers
(v) At least two business days before the start of the trial via email (chambersamcgahay@nycourts.gov), and on the morning of the trial via hardcopy,
Source page 10Conferences and appearances
(vi) A charge conference will be held prior to summations. Counsel shall confer and where possible, cooperate, to resolve any discrepancies between their respective proposed charge and verdict sheet. This dialogue should be occurring prior to, and throughout, the trial. At the charge conference, the Court will address not only the discrepancies with the parties’ respective charges, if any, but also any discrepancies concerning the form and content of the verdict sheet.
Source page 11Filing and working copies
(vii) Experts who testify at trial shall bring their entire file and all documents considered in arriving at their opinion(s) with them to Court. Failure to do so may result in an expert's testimony being limited or stricken.
Source page 11Trial exhibits and witnesses
(ix) The Court and counsel must be alerted as to any anticipated requests for a jury instruction relative to missing witnesses or evidence.
Source page 11Motion practice
(xi) Motions pursuant to CPLR article 50-B should be submitted in motion form with notice to all parties.
Source page 11Communications with chambers
For non-jury trials/hearings/inquests, each party shall submit post-trial proposed findings of fact and conclusions of law. Citations within the proposed findings are to be made to the record. The proposed findings of fact and conclusions of law shall be submitted in Word format via e-mail to chambersamcgahay@nycourts.gov. Memoranda of law may also be requested/required.
Source page 11Filing and working copies
e-filing, and other information that may prove to be helpful; however, litigants should also be aware that the information contained on the website is not exhaustive and does not necessarily address all legal topics, proceedings and issues that may be relevant to a matter.
Source page 12Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Essex County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
Essex County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Essex County Supreme Court
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
Essex County Supreme Court
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 ↗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 ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits
Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗