David Fried at a glance
- Current role
- Court of Claims Judge
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2031
Court of Claims Judge · Rockland County Court of Claims
The New York Court of Claims publishes courtroom evidence-presentation technology, including document/photo/object/video presentation and laptop connections in specified courtrooms.
With minimal effort, attorneys can present documents, color photos, objects, videos, and use electronic presentations to bring details to the court.Court of Claims Courtroom Technology ↗
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 ↗
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 ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
i. All written correspondence to the Court shall include a subject line bearing the full title and index number of the action, and indicate that a copy was sent to all other counsel or self-represented litigant(s) simultaneous with transmittal to the Court.
Source page 3ii. All correspondence shall be concise and state the specific relief sought or action requested to be taken by the Court. Please be mindful that letters are neither pleadings nor motions. Litigation by letter is strongly discouraged.
Source page 3iii. Unless otherwise directed, do not copy the Court on correspondence between counsel and or parties.
Source page 3iv. Correspondence to Judge Fried and or his judicial staff must be submitted via NYSCEF. Do not submit correspondence by fax, email, and or mail.
Source page 3i. Except as otherwise specifically stated herein, telephone calls to Chambers are permitted only in situations requiring immediate and or urgent attention that cannot otherwise reasonably be obtained by correspondence. Permissible telephone calls regarding scheduling and calendaring shall only be directed to the Part Clerk. Please do not call the Judge’s Principal or Assistant Law Secretaries regarding such matters.
Source page 3i. Counsel and self-represented litigants shall familiarize themselves with the statewide E-Filing Rules (§§ 202.5-b and 202.5bb of the Uniform Rules for the New York State Trial Courts, available at www.nycourts.gov/efile) and the Rockland County E-Filing Protocol.
Source page 4ii. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov. Specific questions about local procedures should be addressed to the Chief Clerk’s Office at (845) 483-8310.
Source page 4iii. All documents in mandatory e-filed cases, except documents subject to the opt-out provision of § 202.5-bb of the Uniform Rules for the New York State Trial Courts, or documents subject to e-filing in which consent is being withheld, are to be filed through the New York State Courts E-Filing System (NYSCEF). All submissions to the Court must be electronically filed, except as otherwise provided for herein or as directed by the Court.
Source page 4iv. All court users are directed to be mindful of and compliant with redaction rules, as may be applicable. Where permissible, redacted document(s) shall be filed to NYSCEF, and the unredacted version of said document(s) shall be simultaneously emailed to the Judge’s Assistant Law Secretary, whose contact information is included above within these Rules at page 2. The email should note that the document(s) is an unredacted version of a document filed to NYSCEF in redacted form, and include the reason for redaction.
Source page 4i. Judge Fried’s Court is called to order promptly at 9:15 AM unless otherwise specified by the Court. Absent an express notice to the contrary, appearances are conducted in-person.
Source page 4ii. Counsel and self-represented parties are expected to appear for all Court appearances on time. If you are unable to appear on time due to unforeseen and or emergency circumstances (i.e., delays due to inclement weather, road closures, and medical emergencies), please contact your adversary and advise the Part Clerk by telephone promptly. You should be prepared to document and or provide proof relevant to an emergency and or unforeseen circumstance causing lateness (i.e., a doctor’s note or accident report). Absent the aforesaid, you are expected to appear promptly and on-time. An attorney or self-represented party who appears late, or fails to appear, inconsistent with these Rules should expect that the Court
Source page 4iii. Counsel who are scheduled to appear before this Court and another Court concurrently must communicate that fact to the Part Clerk prior to the date of appearance so that counsel’s conflicting appearances can be reconciled. Do not ask opposing counsel to advise the Court of conflicting appearances when your case before this Court is called.
Source page 5iv. Affirmations of Actual Engagement shall strictly comply with the Rules of the Chief Administrative Judge Part 125.1 (Uniform Rules for the Engagement of Counsel). Counsel shall file such Affirmations as soon as counsel should have reason to know that a scheduling conflict exists. An Attorney who submits an Affirmation of Actual Engagement within 48 hours of a scheduled appearance before this Court shall include, in said Affirmation, the specific reasons why said Affirmation was not filed timelier.
Source page 5vi. If circumstances so require, counsel are permitted to request that conferences be conducted virtually and or telephonically. Requests for virtual and or telephonic proceedings will be evaluated by the Court on a case-by-case basis. Such requests must be in writing and specifically state why a virtual and or telephonic conference is necessary. Such requests shall (a) be filed via NYSCEF at least one (1) week prior to the scheduled conference, absent emergent circumstances noted in the letter of request; (b) indicate whether the request is on consent, and if not on consent, the reason why consent was not given by an adversary, if known; and (c) provide the direct phone number and email address for all counsel and self- represented parties involved in the action.
Source page 5i. Only counsel or self-represented litigants who are fully familiar with a case and authorized to enter into binding agreements on all aspects of the case are to appear for conferences. This means that counsel for the plaintiff(s) must be prepared to make a settlement demand and counsel for the defendant(s) must be prepared to respond to the demand. Please note that failure to comply with this Rule may be treated as a default for purposes of 22 NYCRR §202.27 and or may be treated as a failure to appear for purposes of 22 NYCRR §130.2.1.
Source page 5iii. In non-matrimonial actions, represented parties need not appear for conferences unless directed to do so by the Court.
Source page 6iv. In matrimonial actions, litigants must appear with their counsel for all conferences unless such appearance is expressly excused by the Court.
Source page 6v. From time to time, the Court may direct appearances by “attorneys of record” on any given date and for any given purpose. In such circumstances, the attorney actually handling the case file on behalf of a party shall appear. Absent emergent circumstances properly and timely communicated to the Court, the failure of an attorney of record to appear when so directed (even if coverage counsel does appear) may constitute a default.
Source page 6i. A request to adjourn a conference shall be made in writing and submitted via NYSCEF. On the main document menu available on NYSCEF, select “ADJOURNMENT OF CONFERENCE – REQUEST”. In the box labeled “Additional Document Information” enter the following: “Request to Adjourn [Date of Scheduled Conference] Conference.” Adjournment requests must be submitted at least three (3) business days in advance of the scheduled conference, absent exigent circumstances. If exigent circumstances do exist, such circumstances shall be specifically stated. Untimely and or non-compliant requests will not be considered.
Source page 6ii. All applications for adjournments must set forth: 1) the reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s) to the application; and 3) the length of the adjournment sought or, if on consent, three dates as to which all parties are available.
Source page 6iii. Where the adjournment sought is not on consent, the requesting party must briefly set forth why the adjournment is necessary, the length of the adjournment and the reason offered by the non-consenting party for his/her lack of consent. Opposing counsel or a self-represented party may succinctly provide their reasons for objecting to the requested adjournment if it is believed that his/her position has been stated incorrectly. No further communication concerning the request for adjournment will be permitted. The request and the response, if any, are not to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined.
Source page 6iv. The Court will advise the parties via NYSCEF Court Notice, whether the requested adjournment has been granted or denied. Requests that are not copied to all other parties will be disregarded. The parties should not assume that the request for adjournment (even if consented to) has been granted. In other words, a request for adjournment should be considered denied unless the Court has specifically granted the request.
Source page 6i. The Court will generally schedule a Preliminary Conference within forty-five (45) days after a Request for Judicial Intervention (RJI) has been filed. The Part Clerk will issue a NYSCEF Court Notice setting forth the date on which the Preliminary Conference will be conducted. The party who files the RJI shall promptly advise all other parties of the Preliminary Conference date in writing.
Source page 7ii. At the Preliminary Conference, the Court will set specific dates for completion of various items of discovery, the date by which all disclosure must be completed and a date for a Compliance Conference. All counsel and self-represented litigants are expected to strictly abide by and comply with the Court’s discovery schedule and deadline(s) order(s). As a general rule, written Preliminary Conference Orders are not issued. Instead, the record shall constitute the Preliminary Conference Order in any given action. Counsel may order the transcript of the Preliminary Conference and submit same to Chambers, via NYSCEF, with a request to “So Order” a Preliminary Conference transcript.
Source page 7iii. No modifications of the dates set by the Court are permitted except by Order of the Court. More specifically, no modification of any dates and or schedules set by the Court shall occur without leave of Court, requested and approved in advance of a due date or deadline. Items of discovery not timely completed in accordance with the Court’s directives are expressly deemed waived.
Source page 7v. Parties who have a discovery dispute are not to wait until the Compliance Conference to bring such dispute or complaint about non-disclosure and or non- compliance to the Court’s attention. Such parties shall comply with the procedures set forth herein under the heading, “Discovery Disputes”.
Source page 7i. The Court will conduct a Compliance Conference after the date by which disclosure was to be completed as directed at the Preliminary Conference. At the Compliance Conference, the Court will ensure that discovery proceeded as scheduled. The Court may conduct a settlement conference at such time. Counsel must be fully familiar with the action as well as all settlement discussions that have previously taken place so that meaningful discussions can be held. As noted above, in all cases where a party is being indemnified by an insurer, appearing counsel must be able to advise the Court of the applicable policy limits afforded to the defendant as well as the name, claim number and phone number of the adjuster assigned to the matter. In a proper case, the Court may contact the claims adjuster
Source page 7by telephone or direct that the claims adjuster shall appear or be available for a conference.
Source page 8ii. If the matter is ready for trial, the Court will direct that a Note of Issue be filed. Counsel shall not file a Note of Issue until directed to do so by the Court.
Source page 8i. Counsel or self-represented litigants who believe that discovery is not being conducted in accordance with the Court’s Order are to discuss, in good faith, as required by Court Rule §202.7, the claimed noncompliance with the counsel or self-represented litigant who is alleged not to be complying with the Court Order.
Source page 8A pro forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically and or in writing, regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance. The parties are not to copy the Court on correspondence between counsel concerning discovery issues unless specifically requested to do so by the Court.
Source page 8ii. Exception: Where an Order of Protection prohibits one party from contacting another party, the party who believes that discovery is not being complied with shall contact, via email, Judge Fried’s Assistant Law Secretary, Attorney Mihailides, without contacting the opposing party.
Source page 8iii. Do not make any motion concerning discovery. If counsel cannot resolve the discovery dispute between themselves after a meaningful, good faith effort, then the counsel/self-represented party who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court in writing via NYSCEF as LETTER/CORRESPONDANCE TO COURT. In the box labeled “Additional Document Information” enter the following: “Request for Assistance in Resolving a Discovery Dispute.” Such letter shall advise of the nature of the dispute and the efforts that have been made to attempt to resolve it. The Court will either resolve the issue by letter, NYSCEF Court Notice, or by scheduling a conference.
Source page 8iv. Counsel are expected to abide by the Uniform Rules for the Conduct of Depositions, 22 NYCRR §221.1, et seq., and in particular §221.2, which prohibits, except in certain instances, directing a witness not to answer a question. Rulings concerning disputed objections may be obtained by calling Judge Fried’s Chambers for judicial intervention while the deposition is in progress.
Source page 8vi. Responses to discovery demands shall not be filed via NYSCEF. However, an Affidavit or Affirmation of Service reflecting service of responses to discovery demands shall be promptly filed via NYSCEF.
Source page 9i. Per diem attorneys are expressly not permitted to attend Settlement Conferences, unless said per diem counsel is fully informed, can access the client, has a relationship with the client, and is otherwise fully authorized and empowered to enter into binding settlement and or similar agreements and or stipulations. It is not acceptable for an appearing attorney to have to contact a more senior attorney for settlement authority while the conference is in progress. Non-compliance with this rule may constitute a default and or the issuance of awards of costs.
Source page 9iii. The Court will schedule Settlement Conferences in its discretion. Counsel and self- represented parties are welcome to request in writing or in open court, that the Court schedule a Settlement Conference. Written requests shall be submitted via NYSCEF as LETTER/CORRESPONDANCE TO COURT. In the box labeled “Additional Document Information” enter the following: “Request for Settlement Conference.”
Source page 9iv. Counsel attending a Settlement Conference must be fully familiar with the action and prepared to discuss all factual and legal issues presented by the litigation. Counsel attending a Settlement Conference must have authority to make a settlement demand and or to convey an offer of settlement. Counsel must also be authorized to enter into binding settlements on terms agreeable to the parties and to the Court.
Source page 9v. Counsel are advised that in an effort to foster open settlement discussions, the Court may meet with counsel separately during the Settlement Conference. Counsel are presumed to have consented to the Court doing so unless an objection is affirmatively stated.
Source page 9vi. Not less than three (3) business days before the commencement of a Settlement Conference, Counsel and or self-represented parties shall submit to the Court a confidential settlement memorandum. Settlement memoranda shall be submitted, ex parte, via email to Judge Fried’s Assistant Law Secretary, Attorney Mihailides.
Source page 9Settlement Memoranda shall not exceed five (5) typed pages and must summarize the perceived strengths and weaknesses of your position. Settlement Memoranda shall also include your demand and or offer. Settlement demands must be accompanied by specific calculations so that the Court has a basis to understand how you have arrived at your demand. You are strongly encouraged to conduct a thorough verdict search before you arrive at your demand. Your Settlement Memorandum should reference the results of your verdict search and you may attach your verdict search results to your Memorandum as an Exhibit. Said Exhibit
Source page 9does not constitute part of the five (5) page limit. No other Exhibits shall be annexed to the Settlement Memorandum (i.e., do not include medical records, copies of contracts, etc.). You should, however, have such other records with you during the Settlement Conference, to the extent necessary to engage in meaningful discussions. Settlement demands shall not be frivolous. Instead, settlement demands must be based upon good faith, reasonableness, law, and equity. Counsel are presumed to have consented to the ex parte submission, and review by the Court, of Settlement Memoranda, unless a written objection is submitted to the Court via NYSCEF prior to the aforesaid three (3) business-day submission deadline.
Source page 10i. All trial counsel and all parties shall attend the Pre-Trial Conference.
Source page 10ii. In non-matrimonial actions, if you elect to bring an application by Order to Show Cause, you must identify with specificity, within the first page of your Affirmation or Affidavit in Support, the exigent and or emergency circumstances which necessitated the filing of an Order to Show Cause rather than a Notice of Motion.
Source page 10iii. Except in e-filed cases, proposed Orders to Show Cause submitted for consideration by the Court must include a fax number or e-mail address to permit a conformed copy of the signed Order to be sent to the movant.
Source page 10iv. Written applications by Notice of Motion (or Notice of Petition as the case may be) must be made returnable on any Wednesday the Court is in session.
Source page 10v. Motion papers are limited to Moving Papers, Opposing Papers, including Cross- Motions, and Reply. Sur-Reply papers, including those contained in letter submissions, are not permitted, and will not be considered. There is no Reply permitted to a Cross-Motion.
Source page 10vi. There will be no oral argument required on any motion or Order to Show Cause unless directed by the Court. Parties seeking oral argument of a motion or Order to Show Cause may request that oral argument be heard by stating “Oral Argument Requested” above the Index Number on the first page of the papers submitted. A request for oral argument should not be construed as an automatic grant of same.
Source page 11If the Court grants the request for oral argument, you will be notified.
Source page 11vii. Appearances are not required on Motion or Order to Show Cause return dates unless the Court specifically directs otherwise.
Source page 11viii. Plaintiffs shall designate exhibits by number. Defendants shall designate exhibits by letter. Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party. For example, if your moving papers conclude with Exhibit 7, the first Exhibit in your Reply should be labeled Exhibit 8. This Rule applies to papers filed within the same motion sequence only. Exhibit labeling does start anew with each new motion sequence.
Source page 11ix. Do not include documents filed on NYSCEF (under the same index number) as an Exhibit. Instead, simply provide citation to the NYSCEF document number you are referencing. For example, “This action was commenced by the filing of a Summons and Complaint (see, NYSCEF Doc. No. 1)”.
Source page 11x. Multiple documents shall not be grouped together under a single exhibit. Each exhibit shall contain only a single document separately uploaded to NYSCEF. Exhibits shall be specifically referenced in the papers, or they will not be considered. When filing an Exhibit on NYSCEF, exhibit descriptions are mandatory. For example, if Exhibit A is a contract, the “Additional Document Information” box offered on NYSCEF should be utilized to state that Exhibit A is a contract. If multiple exhibits reflect various contracts, for example, the descriptions you enter should be particularized (for example, “August 1, 2017 contract between Plaintiff & Mrs. Smith). When scanning exhibits for upload to NYSCEF, it is your responsibility to ensure that exhibits you present are legible.
Source page 11xi. If you wish to include an exhibit that is a video or audio recording, please proceed as follows: (a) reference the exhibit in your papers as appropriate; (b) upload, as an exhibit on NYSCEF, a sheet of paper that references “This exhibit is a video (or audio recording) that has been delivered to the Court and served upon all counsel /parties in hard copy”; (c) serve a copy of the video/audio recording to all counsel/parties; and (d) deliver a hard copy via thumb drive (not a CD or DVD) to the Supreme Court Clerk’s window on the second floor of the courthouse.
Source page 11filed as an Exhibit. Although the NYSCEF Document Type menu offers Proposed Order and Proposed Judgment filing options, such filing options shall only be utilized when the Court has directed Counsel or a self-represented party to submit a Proposed Order or Proposed Judgment. This paragraph does not apply to Proposed Orders to Show Cause.
Source page 12xiii. Counsel and self-represented parties shall familiarize themselves with NYSCEF’s redaction rules and protocols before filing any papers or Exhibits via NYSCEF. Please see section “3” above, herein, for additional information regarding redaction protocols.
Source page 12xiv. Motions brought pursuant to CPLR §§3211 or 3212 do not stay discovery.
Source page 12xv. Citations to legal authority must be to the official citations. Counsel and self- represented litigants are encouraged to be guarded and cautious when utilizing artificial intelligence when conducting legal research and or in the preparation of filings. The use of artificial intelligence is not a valid excuse for the presentation of frivolous and or inaccurate argument, citation, and or similar.
Source page 12xvi. Deposition/Examination Before Trial transcripts included as exhibits must be single sided only. Please do not submit minuscripts.
Source page 12xvii. Any motion seeking leave to amend a pleading, must include, as an exhibit, the proposed amended pleading as to which leave is sought. Said proposed amended pleading must be redlined and or similar so as to bring to the Court’s attention the specific text sought to be added and or omitted. A proposed amended pleading that fails to comply with the aforesaid redline requirement, will not be considered and the motion may be denied on this ground alone.
Source page 12xix. Please do not call Chambers to check on the status of a Decision. Any questions regarding the status of a Decision should be submitted via email to Judge Fried’s Assistant Law Secretary, Attorney Mihailides. The CPLR provides the Court sixty (60) days to decide an application. Inquiries regarding Decision status within sixty days of full submission (the return date of the motion, as may be adjourned) is strongly discouraged.
Source page 12xx. Working copies should not be submitted unless the Court specifically requests same.
Source page 12xxi. If a motion is filed, yet no longer requires the issuance of a Decision due to settlement and or for any other reason, the motion shall be withdrawn immediately by letter uploaded to NYSCEF. The Court will contemplate significant financial sanctions against any movant who does not timely and promptly withdraw a motion as to which no Decision becomes necessary.
Source page 12xxii. Absent express permission obtained in advance from the Court, no motion submission – whether a brief, memorandum of law, affidavit or affirmation – shall exceed fifteen (15) pages per document submitted. In the event that a submission is made in violation of this requirement, the Court will only consider the first fifteen pages, with the excess being disregarded.
Source page 13i. A request to adjourn a motion return date must be made in writing and submitted via NYSCEF. Ensure that you file your request as a Motion Document (document relating to an existing motion) and under the specific motion sequence number relevant to your request. On the main document menu available, select “ADJOURNMENT OF MOTION – REQUEST”. In the box labeled “Additional Document Information” enter the following: “Request to Adjourn Motion Sequence No. “X” [Not] On Consent.”
Source page 13ii. All applications for adjournments must set forth: 1) the reason why an adjournment is necessary; 2) whether the opposing party(ies) consent(s) or object(s) to the application; 3) the length of the adjournment sought; and 4) the number of prior requests for adjournment and the dates previously set.
Source page 13iii. No more than three (3) adjournments of any motion or cross-motion will be permitted. The total period of time that a motion may be adjourned shall not exceed 60 days from the original return date. Motions will not be “held in abeyance” or similar for extended or unknown durations.
Source page 13iv. Where the motion return date adjournment sought is not on consent, the requesting party should briefly set forth why the adjournment is necessary, the length of the adjournment sought, and the reason offered by the non-consenting party for his/her lack of consent. Opposing counsel or a self-represented party may succinctly provide their reasons for objecting to the requested adjournment if it is believed that his/her position has been stated incorrectly. If filing such an opposition letter, follow the same filing instructions noted above in “i” of this section, but on the main document menu available, select “ADJOURNMENT OF
Source page 13MOTION – OPPOSITION TO REQUEST”. No further communication concerning the request for motion return date adjournment will be permitted. The request and the response, if any, are not to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined.
Source page 14v. The Court will advise the requesting party by NYSCEF Court Notice whether the requested adjournment has been granted and, if so, the new return date for the motion. Requests that are not copied to all other parties will not be considered.
Source page 14The parties should not assume that the request for adjournment (even if consented to) has been granted unless specifically advised by the Court.
Source page 14i. Unless there are extremely unusual circumstances in which significant prejudice (set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel and or self-represented party are to be advised in writing, by fax or email, at least 24 hours in advance of the date and time that any Order to Show Cause which includes a request for a Temporary Restraining Order (“TRO”) is being presented to the Court. Such advance written notice shall clearly state the relief being sought by application for a TRO and provide the reasons why.
Source page 14iii. Affirmations and Affidavits in Support of an application for a TRO shall clearly state, at the onset of such Affirmation or Affidavit, that 24 hour advance notice was provided as required herein. Further, a copy of such advance written notice shall be annexed to such submission as Exhibit 1 or A, as the case may be. If a true, genuine, and meritorious basis is alleged to exist to dispense with such advance notice, the reasons for same must be clearly and particularly stated at the onset of the corresponding Affirmation or Affidavit in Support. The Court will not search a submission to determine whether proper notice has been given. The Court will not consider granting a TRO that lacks proper notice as aforesaid.
Source page 14i. Do not file discovery-related motions without the express permission of the Court. In lieu of discovery motion practice, it is the Court’s practice to make itself available to facilitate the prompt resolution of discovery disputes. Therefore, no discovery motion is to be made by any party unless authorized or directed by the Court. Instead, counsel should abide by the specific procedures set forth above to resolve discovery disputes. Unauthorized discovery motions may result in appropriate sanctions against the movant thereof.
Source page 14i. Summary Judgment motions must be made within sixty (60) days of the filing of the Note of Issue. Notes of Issue, as stated above, shall not be filed unless the Court has directed such filing.
Source page 15ii. If a Summary Judgment motion is made prior to the completion of discovery, the motion does not stay discovery. The parties are to continue to abide by any Order or Notice pertaining to discovery unless otherwise directed by the Court.
Source page 15iii. Unsigned deposition transcripts will not be considered on motions for Summary Judgment unless it is demonstrated that the transcript was forwarded to the deponent for his/her review and signature in compliance with CPLR §3116(a). (See Marmer v. IF USA Express Inc., 73 AD3d 868 [2nd Dept 2010]).
Source page 15iv. This Court adopts, and expects compliance with the Uniform Rule(s) codified at 22 NYCRR § 202.8-g. Accordingly, Motions for Summary Judgment shall include a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the movant contends there is no genuine issue to be tried. The papers opposing summary judgment shall include a correspondingly numbered submission responding to each numbered paragraph in the statement proffered by the movant. Failure by the opponent to summary judgment to controvert a numbered paragraph in the movant’s statement of material facts may constitute an admission. Attorneys and self-represented parties are strongly encouraged to familiarize themselves, fully, with all sections and subparts of the aforesaid rule.
Source page 15i. Where the Court issues a Bench Decision and a party desires a written Decision or Order, the party may request to submit a proposed Order to the Court via NYSCEF. In so filing a proposed Order for the Court’s consideration based upon a Bench Decision, you are required to include a transcript of the proceedings at which the Bench Decision was rendered to be “So Ordered”. The Proposed Order (or Judgment) should be filed as the main document on NYSCEF and the corresponding transcript shall be filed as an exhibit under the main document.
Source page 15ii. Orders, judgments, counter-orders and or counter-judgments submitted for signature on notice will not be signed unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR §202.48 has been included. Alternatively, all parties and or their counsel may sign a proposed order and judgment, on the last page thereof, indicating that there is “Consent as to Substance and Form.”
Source page 15i. Counsel must be familiar, and comply, with the provisions of 22 NYCRR §202.16. Prior to the Preliminary Conference, the parties are required to file and exchange those documents set forth in 22 NYCRR §202.16 (f)(1), including Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts. In the event either party fails to comply with this provision of the Part Rules, the Court may adjourn the conference and assess costs and fees against the party who failed to comply. If both sides fail to comply, the Court may deem such non- compliance to be a withdrawal of the request for a conference and cancel same, requiring payment of a second fee or the Court may treat the failure as a default under Court Rule §202.27(c) authorizing the Court to strike pleadings or impose other sanctions.
Source page 16iii. Counsel must have substantive communications before the Preliminary Conference, either in person or telephonically, to determine the issues to be litigated.
Source page 16iv. The scope of discovery shall be discussed at the conference so that the Court can determine if the requested items are necessary and or to set dates for compliance with the demands.
Source page 16vi. Parties to matrimonial actions are to appear at all matrimonial conferences unless otherwise directed by the Court.
Source page 16vii. Not less than one (1) week prior to any matrimonial Preliminary Conference, counsel shall submit a letter to the Court via NYSCEF if there is any criminal matter and or Family Court matter pending between and or as to the parties to the divorce. This will enable the Court sufficient time to contemplate removal of other proceedings to the Supreme Court to be tried in connection with the matrimonial action and or to consider referral to the Integrated Domestic Violence Court where applicable. Said letter shall specifically identify the other pending litigation (i.e., nature, court of jurisdiction, family file number, docket number, index number, assigned Judge or Justice, and or similar). The letter shall also indicate whether or not there are any orders of protection in effect, and where the parties have children-in-common, if an attorney for the child(ren) has already been appointed by another court (including said AFC’s name and contact information).
Source page 16i. As noted above, all motions (including cross motions) in matrimonial actions must be made by Order to Show Cause. Both parties and counsel must appear on the return date of any motion brought.
Source page 17ii. On the return date of any pendente lite motion, the Court will conduct either a Preliminary Conference or conference on the motion, as appropriate. In the event a Bench Decision is issued on the motion, a copy of the transcript will be ordered by the Court, the cost of which will be shared by the parties unless otherwise ordered.
Source page 17i. The parties must submit the following documents to the Court at least three (3) business days prior to any matrimonial Settlement Conference. Failure to submit the required items may result in the Court determining the issues in favor of the
Source page 17i. All hearings and trials assigned to this Court should be expected to proceed day- to-day, until conclusion, unless the Court directs otherwise. Please carefully review this Court’s Trial Notebook requirements which are applicable to matrimonial actions.
Source page 18iv. Where a Stipulation of Settlement or Settlement Agreement is being incorporated into the Judgment of Divorce, all the provisions of the Stipulation or Agreement shall not be copied into the proposed Judgment of Divorce or the Findings of Fact and Conclusions of Law. Only those provisions required by the form proposed Judgment of Divorce and/or Findings of Fact and Conclusions of Law should be
Source page 18v. Any document submitted for the Court’s signature (i.e., proposed Findings of Fact and Conclusions of Law, proposed Judgments of Divorce, proposed QDRO’s, etc.) must be accompanied by either (a) a Notice of Settlement and corresponding Affidavit of Service as to said Notice of Settlement, or (b) a statement, executed by all parties, on the last page of the document, below the space where the Judge will consider signing, indicating “Consent as to Substance and Form.”
Source page 19i. All motions pursuant to this section must include a proposed order which disposes of the motion or application for the Court’s signature. Motion templates available at nycourts.gov relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. In filing a proposed Order in connection with the initial filing of a motion, such proposed Order shall be filed as an Exhibit annexed to your motion (do not utilize the “Order (Proposed)” option on the Document Type menu on NYSCEF unless the Court directs you to file a proposed Order once a motion is decided).
Source page 19i. Requests to substitute a Referee shall be made to the Court by letter (not by formal motion) and include a proposed order to appoint a substitute referee. File your letter on NYSCEF as “LETTER/CORRESPONDENCE TO COURT” with the proposed order as an Exhibit to such letter.
Source page 19i. Where an agreement has been reached to modify a loan and or similar, the parties shall, within thirty (30) days, move for discontinuance by Notice of Motion.
Source page 19i. All proposed Judgments of Foreclosure and Sale submitted to the Court shall comply with the form set forth in the motion templates available at nycourts.gov and must include public notice of time and sale will be made in The Journal News (Rockland).
Source page 19ii. Referees shall deposit funds in the Referee’s name in the Referee’s attorney escrow or I.O.L.A. account (or other FDIC-insured fiduciary account) maintained in Rockland County. All monies paid into the Court shall be deposited with the Rockland County Commissioner of Finance. If utilizing a wire transfer, be extremely cautious as fraud involving wire transfers is on the rise and attorneys are often targets of scams. Counsel are strongly encouraged to familiarize themselves with the various bar and ethics opinions relevant to such internet/wire/electronic scams and fraud. Counsel or self-represented parties who mistakenly wire funds to an incorrect and or fraudulent account may be liable.
Source page 20ii. Plaintiff’s counsel shall notify the appointed Referee of the Surplus Monies status conference date and time (and provide the Microsoft Teams virtual conference access information to the extent such conference is scheduled to proceed remotely using Microsoft Teams).
Source page 20iii. Appearances by the parties and the appointed Referee are required in the manner set forth in the Judgment unless: (1) a completed Foreclosure Action Surplus Monies Form has been filed and received by the Court at least one week prior to the conference date, or (2) the Referee notifies the Court in writing at least one week prior to the conference date that the sale has not/will not occur prior to the conference date and requests a new conference date to be scheduled subsequent to the anticipated foreclosure sale date.
Source page 20i. In the event an interpreter is required at trial, counsel shall notify the Part Clerk not less than two (2) weeks prior to the commencement of trial so that timely and appropriate arrangements can be made. Failure to comply with this Rule may result in financial sanctions, including but not limited to an award of costs to the non-offending party, who was otherwise prepared to proceed (i.e., costs include but are not limited to attorney’s fees, expert fees, witness fees, etc.).
Source page 21i. Juries will be selected using “White’s Rules” (See, 22 NYCRR §202.33). Jurors will be designated; alternate jurors will be non-designated unless the parties otherwise agree on the record prior to the commencement of jury selection that the alternates will also be designated. In civil actions, jury selection is conducted in the Office of the Commissioner of Jurors on the second floor of the courthouse. It is the Court’s expectation that jury selection will be conducted efficiently and expeditiously.
Source page 21i. Counsel shall not read from any pleading, part of a pleading or other document during jury selection, nor may counsel refer to any specific amount of money being sought. Counsel shall not discuss any aspect of the law with the jury. Instruction on the law is for the Court alone.
Source page 22iii. Non-party witnesses shall not be in the courtroom during the trial except when they are testifying. Any violation of this Rule, to any extent or degree whatsoever, may result in the non-party witness being precluded from offering testimony.
Source page 22i. Objections to questions at trial are to be limited to the objecting party standing (if physically able) and stating “Objection” and no more than one or two words as to the basis for the objection. Speaking Objections are not to be made. If the Court requires further explanation of the Objection, the Court will ask for further explanation or invite counsel to approach at side bar.
Source page 22i. Any party intending to use a video or audio recording at trial is to submit a copy of the video or audio recording and transcript of the proceedings, if applicable, to the Court at least two (2) weeks prior to the scheduled trial date to allow the Court to rule on the admissibility of the videotape (or other video recording) and any Objections made relevant to the video recording. The parties are responsible to ensure the proper technological capabilities are in place at the time of trial.
Source page 22i. Written motions in limine must be filed via NYSCEF as soon as practicable, but in no event later than the Pre Trial Conference. If you fail to file a motion in limine in a timely fashion, the Court may summarily deem the issue waived. Such motions must be made on no less than seven (7) days’ notice to opposing counsel and/or self-represented parties. Motions in limine must be brought by Order to Show Cause.
Source page 22i. Trial Notebooks are, without exception, mandatory and must specifically and particularly follow the guidelines set forth below. Do not deviate from the format of the below requirements. Non-compliance with the following may result in sanctions, preclusion, default, and or other penalties in the discretion of the Court.
Source page 23iii. Hard copies of Trial Notebooks shall be filed at the Office of the Supreme Court Clerk on the second floor of the Rockland County Courthouse. Hard copies of Trial Notebooks shall also, on the day of or before filing with the Clerk, be delivered to all Counsel and self-represented parties. Affidavits of Service reflecting service of the Trial Notebook shall be filed via NYSCEF. The Trial Notebook itself shall not be filed via NYSCEF.
Source page 23iv. Trial Notebooks shall be assembled in three-ring binders, with sequential tabs dividing each section. Plaintiff shall use numbered tabs. Defendant shall use lettered tabs. The first page of the Trial Notebook, prior to the first tab, shall be an index identifying all contents of the Trial Notebook (i.e., Tab 7: Dr. Smith Medical Records Regarding Plaintiff).
Source page 23v. The first tabbed section of the Trial Notebook shall be your proposed witness list.
Source page 23d. Include a brief statement, or offer of proof, as to why you intend to call such witness. The brief statement shall not be generalized in nature.
Source page 23NOTE: Witnesses who are not identified on the witness list may not be called to testify absent an adequate explanation as to the failure to identify the witness, and only with Court approval.
Source page 23vi. The second tabbed section of the Trial Notebook shall contain your proposed
Source page 23NOTE: Exhibits which are not identified on the exhibit list may not be admitted into evidence absent an adequate explanation as to the failure to identify such proposed exhibit, and only with Court approval.
Source page 24vii. Commencing with the third tabbed section of the Trial Notebook, and continuing for as many tabs as may be necessary, include pre-marked proposed exhibits for each exhibit identified on your exhibit list. For purposes of pre-marking, Plaintiff shall use numbers and Defendant shall use letters. Each proposed pre-marked exhibit shall be wholly contained within its own tabbed section, and shall accurately correlate to the index preceding the first tabbed section, as noted above.
Source page 24i. A complete list of requested jury charges, including the text thereof, drawn from the Pattern Jury Instructions (“PJI”) of the then-current year. Requests to charge must also be submitted in writing and by email in Microsoft Word format to the Court’s Principal Law Clerk, Attorney Quinn. If you seek a deviation from or addition to the express language of the PJI, the hard copy and electronic submissions of same shall highlight such proposed revisions and or additions.
Source page 24i. Fact witnesses and expert witnesses should be promptly advised regarding scheduled trial dates. Absent unanticipated, exigent, and or emergency circumstances, last minute claims of witness unavailability will not be accommodated. All witnesses must be on one-hour standby notice and reachable by telephone at all times.
Source page 25i. Prior to the Pre-Trial Conference, all Counsel and self-represented parties shall meet and confer in good faith with the goal of resolving disputes pertaining to evidence admissibility.
Source page 25i. Counsel must notify the Part Clerk by email of the settlement or withdrawal of any action or proceeding immediately upon such settlement or withdrawal. Additionally, a signed Stipulation of Discontinuance shall be promptly filed.
Source page 25ii. In those cases where a party is obligated to make payments over time pursuant to a settlement, the parties shall file a Stipulation of Discontinuance, without prejudice, within ten (10) days of the full execution of a settlement agreement requiring such payments to be made. The Court will not allow counsel to hold the Stipulation of Discontinuance until all payments are made.
Source page 25iii. If a case is stayed by another Court (i.e., by virtue of a bankruptcy proceeding), Counsel shall immediately e-file a letter via NYSCEF advising the Court of such stay. The letter (filed as “LETTER/CORRESPONDANCE TO COURT”) that you e-file shall be the main document and in the description box, enter the following: “Letter Regarding Stay Issued by Another Court.” Under the main document, upload, as an Exhibit to your letter, a copy of the relevant stay order.
Source page 25Attorney form, any change or withdrawal of counsel must be approved by the Court. Such applications shall be brought by Order to Show Cause.
Source page 26a. NYSCEF e-filing is not utilized in criminal actions. The Electronic Document Delivery Service (EDDS) is the mechanism to e-file in criminal cases assigned to this Part. Parties shall be mindful that unlike NYSCEF, papers filed via EDDS are not considered served.
Source page 26b. Correspondence to the Court shall be submitted as a PDF via email to Judge Fried’s Part Clerk for the Supreme Criminal Term, whose name and contact information appear on page 2 of these Rules. Alternatively, correspondence may be submitted in hard copy to the Criminal Division Clerk’s Office on the fourth floor of the courthouse. Ex parte communications are not permitted; all adversaries must be properly copied on all correspondence.
Source page 26c. Motions and Orders to Show Cause must be filed in hard copy only and filed at the Criminal Division Clerk’s Office on the fourth floor of the courthouse. Motions and Orders to Show Cause shall not be filed electronically.
Source page 26e. Parties who seek a permissible and proper ex parte application (i.e., for search warrants, etc.) shall contact Judge Fried’s Assistant Law Secretary, Attorney Mihailides, by telephone for submission instructions.
Source page 27(a) Infant compromise applications shall be presented by proposed Order to Show Cause, without exception. Do not utilize a Notice of Motion to present such applications.
Source page 27(b) Infant compromise applications shall include a proposed Order, filed as an exhibit to the proposed Order to Show Cause.
Source page 27ii. If any party requires the assistance of an interpreter, please notify the Part Clerk at least 48 hours prior to any scheduled appearance and or conference so that appropriate and timely accommodations can be made.
Source page 28The Rules of the Chief Judge, at 22 NYCRR Part 52, provides a procedure to present requests for disability accommodations on an ex parte basis, where appropriate. Court users are strongly encouraged to review 22 NYCRR Part 52 in its entirety.
Source page 28New York Court of Claims
Court of Claims actions and proceedings
Official source ↗ · Collected 2026-10-27New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Courtwide source · HTML · Source checked July 26, 2026
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