David Gandin at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2035
Supreme Court Justice · Ulster County Supreme Court
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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 ↗
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 ↗
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 ↗
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 ↗
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 ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
All communications with chambers must be in writing and not exceed three (3) pages. The communication must include the name of the case, its index number and show that it was sent to opposing counsel. Documents that do not show contemporaneous service upon all adversaries will not be considered.
Source page 1Requests for conferences must be in writing, via email. Counsel shall provide the reason for the conference and, if on consent, proposed dates convenient to all counsel. Adjournment requests shall be made to the Court in writing at least forty-eight (48) hours before the scheduled appearance.
Source page 1Counsel requesting the adjournment should confer with opposing counsel prior to making the request and specifically indicate whether the request is on consent. An adjournment on consent is not granted unless and until the Court expressly grants the request in writing.
Source page 1Preliminary conferences in civil cases (other than matrimonial actions) are scheduled pursuant to the Uniform Rule of Trial Courts 22 NYCRR §202.12 (a) and (b). In lieu of appearing, the parties may complete and submit a Preliminary Conference Stipulation and Order at least twenty-four (24) hours prior to the conference to be “So Ordered.” If the completed form is timely received, the conference will be cancelled. If the signed stipulation is not timely received, appearances are required.
Source page 1Counsel should contact their client(s), witnesses and experts prior to the conference to determine their availability for trial. Pursuant to 22 NYCRR §202.26(e), counsel attending the conference must be fully familiar with the case and have authority to enter into binding stipulations; and the parties, their representatives and/or representative(s) of insurance carrier(s) may also be required to attend, in person or by telephone.
Source page 2All counsel shall confer prior to the date of the conference to discuss settlement and the resolution of any trial issues.
Source page 2Motions are returnable any weekday. There are no appearances are on the return date unless directed by the Court. Hard copies of all motion papers must be filed directly with chambers. All affirmations, affidavits, memoranda of law and any other submissions must contain numbered pages.
Source page 2All affirmations and affidavits must have numbered paragraphs and all exhibits must be attached to motions and tabbed. Sur-Reply papers are not permitted absent advance Court authorization (see 22 NYCRR 202.8-c). Memoranda of law, affirmations and affidavits may not exceed ten (10) pages without prior Court authorization.
Source page 2Pre-Motion Conference: Required for all discovery and for all non-dispositive motions.
Source page 2Discovery Motions: No discovery motion may be filed without leave of the Court. Prior to requesting such leave, counsel must personally confer to resolve the discovery issue in accordance with 22 NYCRR §202.7. The parties shall also contact the Court’s Principal Law Clerk, Michael Collado, Esq., to schedule a conference in an attempt to resolve the dispute. Each party shall provide Mr. Collado with a short letter outlining its position relative to the discovery dispute prior to the conference.
Source page 2Summary Judgment Motions: Summary judgment motions shall be filed within 60-days of the filing of the Note of Issue. Upon application, this period may be extended.
Source page 2Orders to Show Cause: Please contact chambers directly to schedule emergency matters requiring signing of an Order to Show Cause and provide an email address for counsel. All applications for temporary injunctive relief, including TRO requests, must comply with 22 NYCRR §202.7(f).
Source page 2Requests to adjourn motions: Adjournment requests shall be made to the Court, in writing via email, before the scheduled return date. Counsel requesting the adjournment should confer with opposing counsel prior to making the request and specifically indicate whether the request is on consent. An adjournment on consent is not granted unless and until the Court expressly grants the request in writing.
Source page 2Expert disclosure is governed by the Third Judicial District Rules unless modified by Court Order. Any motion to preclude or limit an expert’s testimony requires leave of court and should be made as soon as practicable. Any party seeking such leave shall request a court conference. Such request shall succinctly state the grounds for the preclusion motion.
Source page 3Notwithstanding this section, the Rules of Court apply in matrimonial actions. Preliminary conferences will be scheduled pursuant to 22 NYCRR §202.16(f). All pertinent matters will be discussed at the conference in an effort to resolve and limit contested issues. The parties must attend the preliminary conference and their attorneys must be prepared to discuss the topics listed in 22 NYCRR §202.16(f)(2).
Source page 3No later than ten (10) days before a preliminary conference in a matrimonial action, each party must
Source page 3d. All other items required to be filed by 22 NYCRR 202.16(f).
Source page 3Unless otherwise directed by the Court, Statements of Proposed Disposition shall be filed in accordance with 22 NYCRR §202.16(h)(3).
Source page 3If the parties report that an action has resolved by written stipulation of the parties, the Court will not remove the action from the calendar until it receives a signed copy of the stipulation.
Source page 3Any proposed Judgments of Divorce and Findings of Fact and Conclusions of Law must comply with the Uniform Rules of Trial Courts 22 NYCRR §202.50. The proposed Judgment of Divorce must include the parties’ Social Security numbers (see DRL §240-a and §240-b). Where the proposed Judgment of Divorce provides for continuation of Family Court Order(s), the date and docket number of the Family Court Order(s) must be included and copies of the Order(s) must be attached.
Source page 3Counsel must immediately inform chambers whenever a party/witness requires the services of an interpreter and of the party/witness’s native language or dialect. Counsel must also immediately inform chambers if a party/witness has any disability (hearing, sight, etc.) and of the appropriate accommodation request.
Source page 31. No case will be scheduled for trial unless a Note of Issue has been filed;
Source page 43. Motions in limine shall be in writing and shall be timely served on all counsel and filed with the Court not less than 10 days prior to trial;
Source page 4marked pleadings, a list of applicable PJI sections and any other requested jury charges, and a proposed jury verdict sheet. Counsel shall cooperate to prepare an agreed-upon verdict sheet. If that is not possible, then the parties shall submit separate proposed verdict sheets following the suggested forms in the PJI (see eg. NY PJI 2:275, SV-1; 2:301, SV-1). Each question shall be on a separate page. All verdict sheets shall be submitted in writing and word or word perfect format, via email to gandinchambers@nycourts.gov;
Source page 45. Jury selection shall follow one of the authorized methods contained within the Uniform Rules for Trial Courts 22 NYCRR §202.33(f), as the parties may agree. The Court may preside over a portion of, or the entire, jury selection process. Time limits on counsel may be imposed;
Source page 47. Counsel shall stand to object during the trial. After objecting, add only the words necessary to state a generic ground, e.g. “hearsay” or “bolstering.” For further argument, request to approach the bench;
Source page 48. 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 4Unless otherwise directed by the Court, in non-jury cases, each party shall submit post-trial proposed findings of fact and conclusions of law. Citations within the proposed findings will be to the record. The proposed findings of fact and conclusions of law shall be submitted in writing and in word or word perfect format, via email to gandinchambers@nycourts.gov.
Source page 4If a case has been settled or otherwise disposed, counsel shall promptly advise the Court, in writing, and ensure that a Stipulation of Discontinuance is promptly filed prior to the next scheduled appearance before the Court. A copy of the Stipulation of Discontinuance shall be emailed to chambers at gandinchambers@nycourts.gov.
Source page 5Ulster County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-27Ulster County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Ulster 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 2026-07-26Ulster 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 2026-07-26Identity 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 ↗Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗