--- title: "Bernard J. Graham | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/bernard-j-graham" page_type: "judge_profile" updated: "2026-08-02" --- # Bernard J. Graham Kings County Surrogate's Court · Surrogate ## Profile - Court: Kings County Surrogate's Court - State: New York - Role: Surrogate - Service status: active - Last verified: 2026-07-26 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - He subsequently won a special election in November 2023 for a full term and was formally sworn in on January 10, 2024, at Brooklyn Law School by New York City Corporation Counsel Sylvia O. Hinds-Radix - Appointed acting Supreme Court Justice in 2011 and elected to the Kings County Supreme Court in 2013 - Began his judicial career in 2005 as a Kings County Civil Court judge - He subsequently became a partner at Graham & Graham, practicing alongside his mother ### Education - a J.D. from Brooklyn Law School in 1985 - He attended Stuyvesant High School, one of New York City's most competitive public schools, before earning a B.A. from the State University of New York at Stony Brook in 1981 ### Additional information - handling the Commercial Foreclosure Part, Mental Hygiene Part, and Medical Malpractice Part Following the resignation of Judge Harriet L. Thompson, Graham was appointed acting Surrogate Court Judge in January 2023. - In 2008, he joined the Kings County Family Court, presiding over domestic violence cases and child custody and visitation trials. - As Surrogate Court Judge, Graham oversees probate, estate administration, guardianships, adoptions, and trusts in Kings County. - His early legal work also included providing counsel to churches, youth organizations, and charitable groups, reflecting his long-standing community involvement - Before joining the judiciary, Graham specialized in real estate development, co-op, and condominium law at the firm Certilman Haft Lebow Balin Buckley & Kremer. - He presides over cases involving the estates of deceased persons, ensuring proper administration of wills and intestate estates, and provides judicial oversight for guardianship and adoption matters. - Bernard Graham was born and raised in Brooklyn, New York, in a family with legal ties, including his mother, Nancy Graham, with whom he later practiced law. ## 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 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=5t3r3rSdOdvfS6xEoKiBhw%3D%3D) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=5t3r3rSdOdvfS6xEoKiBhw%3D%3D) - [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=5t3r3rSdOdvfS6xEoKiBhw%3D%3D) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14767/bernard-j-graham/) - [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) - [CourtListener judicial biographical directory](https://www.courtlistener.com/person/14767/bernard-j-graham/) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/bernard-j-graham", "url": "https://knowjudges.com/kyj/judge/bernard-j-graham", "name": "Bernard J. 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Correspondence between attorneys and/or self-represented litigants shall not be copied to the Court unless otherwise directed, or where there is some specific judicial purpose to be served by transmitting copies to the Court. Correspondence should not be submitted, and will not be considered, in determining motions, etc. The Court will only act upon appropriate application or proceeding and does not permit litigation by correspondence. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers B. Telephone Calls. Telephone calls to Court staff should be limited to situations requiring immediate attention that cannot otherwise be attained by correspondence. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers C. Ex Parte Communications. Ex parte communication with the law department and chambers is strictly prohibited, except where an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers 3. Court Calendar Calls and Conferences The Court’s process and motion calendars are regularly called at 10:00 a.m. and 11:30 a.m., respectively on Tuesdays for Surrogate Montalbano and on Thursdays for Surrogate Graham. If a conference is deemed necessary, it will occur either immediately following the call of the calendar or at an alternate time scheduled by the Court. The failure to appear at a scheduled calendar call or conference may result in appropriate relief, including default pursuant to 22 NYCRR 202.27 and/or dismissal of the proceeding. Further, pursuant to § 130-2.1 of the rules of the Chief Administrator of the Courts, the Court may impose financial sanctions and award costs and reasonable attorney’s fees against any attorney who, without good cause, fails to appear at a time and place scheduled for an appearance in any action or proceeding. All parties are to either be present or available by telephone at all pretrial and settlement conferences, 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/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances A. Knowledge and Authority. All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements/stipulations as to both substantive and procedural matters on behalf of their client(s). Attorneys appearing of counsel to the attorney of record shall be held to the same requirement. Failure to comply with this rule may be regarded as a default and dealt with appropriately. All counsel and self-represented litigants must be on time for all scheduled appearances. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers B. Appearances. All Court proceedings are conducted in-person. As an accommodation, the Court may permit virtual appearances in extenuating circumstances. Please make an application through the appropriate department and email the appropriate Surrogates’ chambers for such accommodation. All virtual appearances will be conducted via Microsoft TEAMS. Any matter conducted virtually is a formal proceeding and is akin to an in-person appearance. Parties and counsel should be dressed appropriately and guided accordingly. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Trial exhibits and witnesses C. Interpreters/Hearing Impaired. When a party or witness requires the services of an interpreter of a foreign language or services for the hearing impaired, please notify the Court by emailing kingsurr-urgency@nycourts.gov at least seven (7) days in advance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Motion practice D. Substitution/Withdrawal of Counsel. All substitutions of counsel must be in writing, signed by the client, the incoming and outgoing attorneys, filed with the Court, and served on all other parties in accordance with the CPLR before the outgoing attorney is relieved and discharged from the matter. In any matter where an attorney seeks to be relieved and discharged and there is no proposed incoming attorney, a motion for that relief must be made by Order to Show Cause on See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies A matter will not be deemed urgent unless an affidavit/affirmation of urgency is filed. The filing may occur at any point during the pendency of the proceeding. A copy of the NYSCEF Confirmation Notice must be emailed to kingsurr-urgency@nycourts.gov. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances A. Proofs of Service. Uniform Rule § 207.7(c) will be strictly enforced. All proofs of service must be filed two (2) days prior to the return date. Proofs filed late may not be reviewed prior to the return date. Further, late filings may necessitate an additional appearance at a future court day and delay the issuance of decisions and decrees. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Surrogate Montalbano: As the return date for the Court’s calendar is on Tuesdays, proofs of service must be filed no later than the preceding Friday by 12:00 p.m. (or the preceding Thursday by 12:00 p.m., if the Monday or Friday before calendar is a holiday). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Surrogate Graham: As the return date for the Court’s calendar is on Thursdays, proofs of service must be filed no later than the preceding Tuesday by 12:00 p.m. (or the preceding Monday by 12:00 p.m., if the Tuesday or Wednesday before calendar is a holiday). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Filing and working copies A. Self-Addressed Stamped Envelopes. Filers requesting any documents must provide the Court with self-addressed stamped envelopes bearing adequate postage for the return. The Court will not mail documents back to the filer without such properly stamped envelopes. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Courtroom conduct and technology ii. Applications requiring such documents shall not be processed until the originals are received. Originals must be delivered to the Court within two (2) business days after such documents have been electronically filed. If the requisite originals are not See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 3 · Collected 2026-10-27 #### Filing and working copies received withing sixty (60) days of an applicant’s filing, the application shall be deemed discontinued. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies C. Working Copies. Parties shall submit a working copy within two (2) business days following See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies All working copies submitted to the Court must include a copy of the NYSCEF Confirmation Notice firmly fastened as the front cover page of the submission. Working copies without the Confirmation Notice will not be accepted. No action shall be taken on a proceeding unless working copies are received 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/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances D. Notices of Appearance. Pursuant to SCPA § 401(3) and 22 NYCRR 207.9(b), attorneys appearing on behalf of nondomiciliaries or parties not personally served within the state must furnish acknowledged evidence of authority. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances E. Email Address. All petitions, other pleadings and notices of appearance must contain a valid email address for the attorney of record or self-represented litigant. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments H. Adjournments. A request for an adjournment, even if on consent of all parties, is not effective unless and until approved by the Court. The party requesting an adjournment must submit a written request at least 48 hours prior to the scheduled appearance to the appropriate department, on notice to all parties. The written request must (1) identify the current date of the scheduled 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/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments (2) identify the number of adjournments that have been previously requested, if any; (3) good cause why the adjournment is being sought; (4) whether the other parties consent or object to the request; and (5) identify the proposed adjournment date. All communication with the Court must be contemporaneously copied to all other parties and self-represented litigants in accordance with the correspondence rules above. Unless good cause shown, no more than two (2) adjournments shall be permitted on any matter. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 4 · Collected 2026-10-27 #### Motion practice A. Return Date. Motions made by Notice of Motion shall be made returnable on any Tuesday when the Court is in session for Surrogate Montalbano and on any Thursday when the Court is in session for Surrogate Graham. The motion calendar is called at 11:30 a.m. Return dates for Orders to Show Cause shall be determined by the Court, if entertained. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice i. Motions. The motion calendar is a submission calendar only. Appearances are not required on fully submitted motions unless directed by the Court or unless oral argument is requested in writing. Appearances are required for oral argument. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice a. Oral Argument. Arguments are upon written request only. A party may request oral argument on a notice of motion, order to show cause, or answering paper in the area across from the caption of the proceeding. ii. Orders to Show Cause. Appearances are required on the return 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/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice i. Motions and Orders to Show Cause. All motions, whether made by notice of motion or order to show cause, shall be argued in-person and not taken on submission. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice C. Motions Seeking Temporary Injunctive Relief. Any application for temporary injunctive relief shall include either: (1) an affirmation demonstrating that a good faith effort has been made to notify the party against whom the TRO is sought of the time, date and place that the application will be made in a manner sufficient to permit the party an opportunity to appear in response to the application, or (ii) an affirmation that there will be significant prejudice to the party seeking the TRO by giving the notice. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Motion practice D. Withdrawal of Motions. If a matter has been resolved and the parties no longer require a decision from the Court, counsel or self-represented litigants are directed to immediately notify the Court in writing. Failure to immediately notify the Court when it becomes unnecessary to decide a motion, may result in sanctions. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 5 · Collected 2026-10-27 #### Adjournments or self-represented litigants shall file a true copy of the fully executed stipulation of settlement or discontinuance with the clerk’s office. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/2jd/surrogates/tabs/part-rules/Joint-Part-Rules.pdf) · Source page 6 · Collected 2026-10-27 ### Shared court rules - [22 NYCRR Part 207 — Uniform Rules Surrogates Court](https://knowjudges.com/courtroom-rules/ny-shared-set-760d2f4782807d6f93a2) — Surrogate's Court proceedings [Official source](https://www.nycourts.gov/rules/part-207-uniform-rules-surrogates-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.