David Gugerty at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2032
David Gugerty
Supreme Court Justice · Nassau County Supreme Court
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Biography
Professional career
- David J. Gugerty is a judge of the New York State Supreme Court, Nassau County, serving on the bench since 2020 for a term through 2032
- Justice, New York Supreme Court, Nassau County, NY, 2020-2033
- Commissioner, Nassau County Board of Elections, NY, 2014-2019
- Majority and Minority Counsel, Chief of Staff, Nassau County Legislature, NY, 2006-2013
- Majority & Minority Counsel, Chief of Staff, Nassau County Legislature, NY, 2005-2006
Education
- JD — University at Buffalo — 1987
Additional information
- Public Administrator, Nassau County, NY, 2007-2007
- BA — SUNY at Binghamton — 1984
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 (47 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
Correspondence and emails sent to chambers must reflect the name of the action and the index number. Copies are to be sent to all adversaries. All emails shall be sent to judgegugertyremote@nycourts.gov unless otherwise directed. Correspondence between attorneys and/or parties shall not be copied to the Court unless directed by chambers.
Source page 1Communications with chambers
There shall be no ex parte telephone communication regarding substantive issues.
Source page 1Adjournments
Every Article 81 order to show cause requires an appearance. Petitioner’s counsel is charged with advising the Court of the need for an interpreter and the dialect, if any. Teams links may be forwarded to interested persons/witnesses necessary to the hearing upon prior approval of the Court and with a showing of necessity. Whether in person or virtually, interested persons will be given access to the record at hearings and conferences only at the discretion of the Court. Per statute, hearings to appoint a guardian are to be held within 28 days of the date of the signed order to show cause. Counsel should make every effort to adhere to the 28-day limit. Any request for an adjournment with a valid reason, shall be on consent. Submit a request for an adjournment by email along with three to four proposed dates agreeable to all parties to judgegugertyremote@nycourts.gov.
Source page 1Motion practice
After receipt of an order to show cause or motion, all counsel shall email the name of the attorney appearing at the hearing, and any witness or party testifying along with their address, office and cell phone number to the Court’s email address, judgegugertyremote@nycourts.gov, and to the email address of our Court Clerk, Jamie Corsitto.
Source page 1Motion practice
All motions, except for annual and final accounts, shall be filed via order to show cause.
Source page 1Communications with chambers
Counsel shall not send motions, orders or judgments directly to chambers unless directed to do so by the Court. These papers are to be filed with the Clerk’s Office through NYSCEF.
Source page 1Communications with chambers
For all initial hearings, the Court Evaluator shall submit a copy of their report to chambers by email no later than 48 hours before the hearing to judgegugertyremote@nycourts.gov. The Court Evaluator’s report DOES NOT GET EFILED and may not be shared with the interested persons, the petitioner, or petitioner’s counsel prior to submitting same to chambers. Only after submitting a copy to chambers and getting approval from Judge Gugerty may the Court Evaluator provide counsel for petitioner and/or interested persons, if they are represented by an attorney, with a copy of the report.
Source page 2Conferences and appearances
A request for a remote appearance will be considered by the court should the health of a party require it or if distance to the court makes it impractical to appear in person. The request should be made via email to judgegugertyremote@nycourts.gov and copied to all interested persons. With that said, appearances in person by all involved are strongly preferred.
Source page 2Communications with chambers
If a pending action has been settled, petitioner’s counsel shall notify chambers as soon as possible by email to judgegugertyremote@nycourts.gov.
Source page 2Conferences and appearances
1. Electronic and recording devices of any kind are not permitted to be used while Court is in session or during conferences off the record. Phones should be set to silent. There is no gum chewing or eating permitted; however, an exception will be made for medical reasons. All counsel and parties are expected to conduct themselves appropriately.
Source page 2Motion practice
2. In Limine applications: Any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the Court with an original and a copy and provide counsel for all parties with a copy. There shall be a separate affirmation for each motion in limine.
Source page 2Trial exhibits and witnesses
3. Pre-trial memoranda providing the Court with cited case law to be considered by the Court shall be submitted via email at least 48 hours in advance.
Source page 2Filing and working copies
4. A courtesy copy of each exhibit intended to be introduced into evidence at trial/hearing for the Court and each counsel. All exhibits shall be tabbed or included in a binder for easy reference.
Source page 2Trial exhibits and witnesses
5. All trial/hearing exhibits, whether the parties stipulate to admit them into evidence or not, shall be pre-marked by the court reporter. Exhibits should be Bates stamped where possible.
Source page 2Trial exhibits and witnesses
6. A list of proposed witnesses with addresses and phone numbers for the Clerk’s information should be provided two days before the hearing along with cell phone numbers of counsel. This information should also be emailed to the judgegugertyremote@nycourts.gov mailbox and Jamie Corsitto, Sr. Court Clerk, jcorsitt@nycourts.gov.
Source page 3Adjournments
11. Trials will be conducted on a continual daily basis until conclusion. As such, no adjournments or delays during trial will be accepted unless exigent circumstances exist.
Source page 3Conferences and appearances
All conferences will be conducted remotely on Microsoft Teams. Upon scheduling the conference, an invitation will be sent to each email listed on the NYSCEF system. Attorneys and self- represented litigants must appear at the scheduled time. It is imperative that the NYSCEF system be updated with the email addresses of the attorney(s) of record for each matter before the Court.
Source page 3Conferences and appearances
Every party must appear timely as each conference is only scheduled for 15 minutes.
Source page 3Conferences and appearances
An attorney appearing on a case for any purpose must be familiar with the case and authorized to resolve any and all issues, including settling the case, and shall make all appearances until they are relieved by the Court or a Consent to Change Attorneys has been filed with the Clerk of the Court.
Source page 3Communications with chambers
For urgent matters requiring immediate attention, parties should email chambers a completed conference request form that can be found on the Supreme Court’s website.https://ww2.nycourts.gov/sites/default/files/document/files/2020- 04/Email%20Request%20For%20Conference%20Form.pdfhttps://ww2.nycourts.gov/sites/ default/
Source page 3Conferences and appearances
A. Preliminary Conferences will now be conducted electronically through the NYSCEF system (there will not be any in person appearance). They will be scheduled and calendared by an E-file notice to the parties that contains detailed instructions on how to complete a proposed Preliminary Conference Stipulation and Order, available on the Court’s website at http://ww2.nycourts.gov/COURTS/10JD/nassau/cicgeneralforms.shtml
Source page 4Adjournments
B. At the preliminary conference, the attorneys and self-represented parties must obtain, review, and familiarize themselves with the rules of this part, to ensure future compliance. Preliminary conferences will not be adjourned.
Source page 4Discovery
D. Discovery, Certification, and Note of Issue deadlines, will be enforced, and may not be extended without Court approval.
Source page 4Motion practice
E. Motions must be made returnable on a Thursday. Noncompliance may result in sanctions, including the motion not being calendared.
Source page 4Motion practice
F. Prior to filing a discovery related motion, including motions to strike, restore, preclude, and compel, the parties must send an email to judgegugertyremote@nycourts.gov, attaching a completed conference request form that includes a summary of the discovery related issues, and an affirmation of good faith in compliance with the New Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.20-f, setting forth, in detail, the efforts made by the attorney/party requesting the conference to obtain discovery prior to requesting judicial intervention. Conclusory statements, or pro forma letters or emails will not satisfy this requirement. Failure to request a conference prior to the filing of a discovery related motion will result in the motion not being scheduled.
Source page 4Motion practice
G. Pursuant to CPLR 3212(a), summary judgment motions shall be filed no later than sixty (60) days after the filing of the Note of Issue, except with leave of court on good cause shown (see Brill v City of New York, 2 NY3d 648 [2004]). Motions pursuant to CPLR 3211 and 3212 shall not automatically stay any discovery, unless by order of the Court.
Source page 4Motion practice
H. All orders to show cause must comply with Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.7(d). Failure of the moving party to appear will result in the motion being deemed abandoned, and any opposition papers will not be considered.
Source page 4Remote appearances
I. Movant must notify all self-represented parties, with proof of said notice on the Microsoft Teams scheduled day and time, by printing and mailing the invitation to the self-represented parties, prior to the Microsoft Teams meeting.
Source page 5Communications with chambers
J. All motions, cross motions, and ex parte applications submitted shall be in compliance with Uniform Rules for the Supreme and the County Court (22 NYCRR) §§ 202.5 and 202.7. Any failure to comply with the requirements of this section may result in the rejection of the non-complying papers.
Source page 5Motion practice
K. Service requirements under CPLR 2214 and 2215 will be strictly enforced. No sur-reply papers will be considered without express leave of the Court. No papers shall be accepted after a motion is marked submitted, without express leave of the Court.
Source page 5Communications with chambers
L. Counsel are required to provide the Court with their e-mail addresses on all submissions. In all communications with chambers by email, the title of the action, full names of the parties and the index number shall be set forth in the email and copying all other parties and attorneys in the matter. Copies of correspondence between counsel shall not be sent to the Court except as these Part Rules and 22 NYCRR § 202.7 permit.
Source page 5Filing and working copies
A. All parties should familiarize themselves with the statewide E-Filing Rules: Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.5-b and 202.5-bb, which are available at http://ww2.nycourts.gov/rules/trialcourts/202.shtml. General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033.
Source page 5Filing and working copies
B. All paper cases must be converted to e-file. Parties on non e-filed cases must complete the EF-10 Stipulation and Consent to E-filing found on the e-filing website (link below) and file it with the EDDS (Electronic Document Delivery System) website (link below).
Source page 5Filing and working copies
E. All submissions must be e-filed and hard copies are not necessary nor will they be accepted.
Source page 5Adjournments
Applications for adjournments on consent or otherwise will ONLY be entertained at the time of the conference and will NOT be entertained by any other method. Engagement of counsel shall be a ground for adjournment by affirmation and in accordance with 22 NYCRR §125.1.
Source page 5Motion practice
Withdrawal of motions will be considered at the time of the scheduled TEAMS conference. You will not be required to appear if you email to judgegugertyremote@nycourts.gov a stipulation settling the case and withdrawing the motion, as soon as you have it, but no later than the day before the conference.
Source page 6Communications with chambers
A. All applications for Court approval of a proposed compromise of an infant’s claim must be submitted through the Infant’s Compromise Clerk (“ICC”) (telephone no. 516-493-3049).
Source page 6Conferences and appearances
C. The infant’s compromise paperwork submitted to the ICC must include, inter alia, (i) a medical report/affidavit indicating whether the injured infant plaintiff has fully recovered, and if not, the nature and extent of the injuries and anticipated future treatment, if any, and related medical records where applicable; (ii) proof of settlement of the infant’s claim from defense counsel, in writing; and (iii) defense counsel’s waiver of appearance at the Infant’s Compromise Hearing, in writing. Such paperwork must also otherwise comply with all applicable rules concerning the compromise of an infant’s claim.
Source page 6Conferences and appearances
D. All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Special Term, with proof of service on all remaining parties. Compliance with the provisions of CPLR 1207, 1208 and 22 NYCRR § 202.67 and a proposed distribution of net amounts to be recovered by the disabled plaintiff that is consistent with the provisions of CPLR 1206 is required. The Court will not accept medical reports/affidavits executed more than six months prior to the submission date. The report must indicate whether the injured plaintiff has fully recovered, and if not, the nature and extent of the injuries and the costs of future treatment. Since the Court may direct that notice of the application be given to all persons who possess claims against the proceeds recoverable under the compromise, including those with statutory liens, the names and addresses of all such persons and the amount of their prospective claims must be set forth in the petition. If no person has asserted such a claim, the petition must so state. Once the submissions are complete, an appearance date shall be scheduled by the Court.
Source page 6Adjournments
If the case has been settled or discontinued, pursuant to Uniform Rules for the Supreme and the County Court (22 NYCRR) § 202.28, you must notify the court immediately by email, sending a stipulation of settlement and/or discontinuance and withdrawing any pending motions or applications to judgegugertyremote@nycourts.gov
Source page 6Trial exhibits and witnesses
Counsel should ascertain the availability of all witnesses and subpoenaed documents. Any special needs, e.g., interpreter, easels, blackboards, shadow boxes, television, subpoenaed, material, etc., must be reported to the Court Clerk, in advance, so as not to delay the progress of the trial.
Source page 7Filing and working copies
All exhibits must be e-filed and mailed to the Court in advance with copies made for all adverse parties
Source page 7Discovery
D. To the extent any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury;
Source page 7Conferences and appearances
F. Suggested jury charges and a suggested verdict questionnaire. Amendments thereto shall be permitted at the final charging conference. Jury charges should be referred to by the PJI number and topic. If any changes to the PJI are suggested, then the entire proposed charge should be set forth and the changes should be highlighted. Citations to appropriate statutory or common law authority must be given in support of suggested non-PJI jury charges or suggested PJI modifications.
Source page 7Motion practice
D. Advise the Court of any anticipated in limine motions or evidentiary objections which counsel intends to make. Motions in limine may be made orally, but must be supported by a memorandum of law with citations to the relevant statutes and case law relied upon, as well as treatises of evidence law. All prior decisions and orders relevant to any in limine application must be provided to the Court;
Source page 7Trial exhibits and witnesses
E. Advise the Court of any anticipated requests for a jury instruction relating to missing witnesses and/or documents;
Source page 7Conferences and appearances
H. Counsel is advised that, pursuant to Uniform Rules for Trial Cts (22 NYCRR § 202.26(e), the Court may require parties, representatives of parties, representatives of insurance carriers or persons having an interest in any settlement, including those holding liens on any settlement or verdict, to also attend the conference.
Source page 8Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Nassau 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
Nassau 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
Nassau 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
Nassau 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 ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗