Desmond C. Lyons at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2037
Supreme Court Justice · Westchester 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
Unless otherwise specifically requested, all submissions to the Court, including, but not limited to correspondence, proposed Orders and Judgments and documents pertaining thereto must be submitted through NYSCEF.
Source page 1This part requires working copies of all motion papers, with the exception of papers filed in foreclosure and matrimonial actions, unless specifically requested by chambers.
Source page 1All correspondence to the Court shall be via NYSCEF and copied to all parties and set forth the name and Index number of the case to which it pertains. Correspondence between attorneys and/or pro se litigants shall not be copied to the Court, unless requested by the Court or otherwise required.
Source page 2Telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be addressed by correspondence, or by contacting the Part Clerk. Any scheduling inquiries shall be directed to the Part Clerk.
Source page 2E-Filing Protocols: Counsel and self-represented litigants shall familiarize themselves with the statewide E-Filing Rules (§§202.5-b and 202.5-bb of the Uniform Rules, available at www.nycourts.gov/efile).
Source page 2General 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 Dutchess County and Supreme Court Clerk’s Office at (845) 431-1720.
Source page 2The Court’s calendar will be called at 9:30 a.m. daily, unless otherwise specified by the Court. Counsel and self-represented parties are expected to appear promptly at the assigned time
Source page 2Counsel who are scheduled to appear before this Court and another court must communicate that fact to the Part Clerk prior to the date of appearance so the conflicting appearances can be reconciled. Do not ask opposing counsel to advise the Court of conflicting appearances when the case is called. The Court may proceed in that counsel’s absence.
Source page 3Appearances are required by counsel (or self-represented parties) who are fully familiar with a case and authorized to enter into binding agreements on all aspects of the case. 1 In matrimonial actions, litigants must appear with their counsel for all conferences unless the Court excuses such appearance.
Source page 3Applications for adjournments (appearances and motions) must be made in writing and submitted to the Court via NYSCEF. All applications for adjournment must be submitted at least two full business days in advance of the scheduled matter. Each application for an adjournment must state: (1) the reason for the adjournment; (2) whether the other parties consent or object to the application; (3) the length of the adjournment being sought, or if on consent, the date all parties are available; and (4) the number of prior requests and corresponding dates. All adjournment requests must be made on notice to all counsel and self-represented parties. A request for an adjournment, even if on consent of all parties, is NOT effective unless and until approved by the Court.
Source page 3The Court will schedule a Preliminary Conference within 45 days after a Request for Judicial Intervention (RJI) has been filed on a matter. The Part Clerk will forward to the party filing the RJI a letter or email setting forth the date on which the Preliminary Conference will be conducted. The party who files the RJI shall advise all other parties of the Preliminary Conference date in writing. At least 5 days prior to the Preliminary Conference the parties shall complete a “proposed” Preliminary Conference Stipulation (form) provided by the Part Clerk and file the same via ECF. This form must be filled out to the best of the attorneys’ ability, including the Presumptive ADR section on page 7.
Source page 31 This means 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. Additionally, 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.
Source page 3At the Preliminary Conference, the Court will set final 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 abide by and comply with the Court’s discovery schedule and deadlines. No modifications of the dates set by the Court are permitted except by Order of the Court.
Source page 4Counsel shall refer to 22 NYCRR § 202.12(c) concerning the conduct of the Preliminary Conference and the matters to be considered. Counsel in medical, dental, and podiatric malpractice actions shall refer to 22 NYCRR § 202.56(b) for other specific requirements in such cases. Counsel in matrimonial actions shall refer to 22 NYCRR § 202.16 and DRL § 236(B)(4) for other specific requirements in such cases.
Source page 4The Court will periodically schedule Compliance Conferences as deemed necessary by the Court to monitor the timely progress of discovery and compliance with the Preliminary Conference Order. In accordance with 22 NYCRR § 202.11, the parties shall consult regarding availability for witnesses and attorneys for prospective depositions and discuss whether there are any disagreements as to outstanding discovery demands. A Settlement Conference may also be conducted at the same time if the Court deems the same appropriate to facilitate settlement discussions during any stage of the litigation. 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 by the Court.
Source page 4Parties who have a discovery dispute MUST NOT wait until the next Compliance Conference to bring such dispute or complaint about non-disclosure to the Court’s attention. Such parties shall comply with the procedures set forth below in Section D -- Discovery Disputes.
Source page 4Counsel (or self-represented litigant) who believes that discovery is not being conducted in accordance with the Court’s Order is to discuss, in good faith, as required by Court Rule § 202.7, the claimed noncompliance with opposing counsel or self-represented litigant. A pro forma letter does not constitute a good faith effort. There must be an actual meet and confer between counsel, either telephonically or in person, regarding the claimed failure to engage in discovery and the claimed noncompliance or reason for noncompliance.
Source page 4If counsel cannot resolve the discovery issue between themselves after a good faith effort, then counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court, by letter, stating both the nature of the dispute and the specific efforts made at resolution. The Court will resolve the discovery-related issue either by letter directive or by scheduling a conference. Counsel shall not file any discovery motion(s) unless specifically authorized by the Court.
Source page 4Counsel attending the Settlement Conference must be fully familiar with the action and authorized to discuss all factual and legal issues presented by the litigation. Counsel must be authorized to enter binding settlements on terms agreeable to the parties and to the Court. The Court will explore the limitation of issues for trial (e.g., whether liability may be conceded, or certain claims or defenses withdrawn in an appropriate case).
Source page 5In 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 by telephone or direct that the claims adjuster shall appear for a conference.
Source page 5Counsel are advised the Court may meet with counsel separately during the Settlement Conference in order to foster open settlement discussions. Counsel are presumed to have consented to the Court doing so unless an objection is stated.
Source page 5At all settlement conferences, attorneys should either appear with their client or an individual with authority to settle a matter or the ability to reach such an individual by telephone (or other audio/visual means). Appearances by per diem attorneys at settlement conferences is not permitted.
Source page 5Parties may move by Notice of Motion or Order to Show Cause, depending on the exigency of the relief sought.2 All motions and cross-motions in matrimonial actions and applications by counsel seeking to be relieved must be made by Order to Show Cause and include a Proposed Order. All default judgment motions shall include a Proposed Order.
Source page 5Except in e-filed cases, proposed Orders to Show Cause submitted for consideration must include an email address to permit a conformed copy of the signed orders to be sent to the movant. Written applications by Notice of Motion (or Notice of Petition) must be made returnable on any day the Court is in session.
Source page 5Papers exceeding the page limitation or otherwise not conforming may be rejected or disregarded. Sur-reply papers are not permitted except by express permission.
Source page 6All motions will be taken on submission unless oral argument is directed by the Court or specifically requested by a party. Parties seeking oral argument may indicate the request by writing “Oral Argument Requested” above the index number on the first page of the submitted papers.
Source page 6Unless otherwise authorized by the Court, all motion papers and proposed Orders to Show Cause must be typed on letter-sized paper using 12-point font and double-spaced and must bear the full caption of the case and index number. Plaintiffs shall designate exhibits by number, and defendants shall designate exhibits by letter. Exhibit numbering or lettering may not begin anew for subsequent papers submitted by the same party. Each exhibit must be separately labeled with external tab markings. For all e-filed motions, all exhibits must be separately e-filed, and may not be submitted as one collective exhibit. Transcripts of depositions or other hearing testimony included as exhibits must be single, front-faced pages only, i.e. not double-sided print. Exhibits failing to comply may not be considered and may be rejected.
Source page 6Summary judgment motions must be made within sixty (60) days of the filing of the Note of Issue unless otherwise directed by the Court. All summary judgment motions shall include a statement of material facts. When a summary judgment motion is made prior to completion of discovery, such 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. 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 the deponent’s review and signature in compliance with CPLR § 3116(a). (See Marmer v IF USA Express Inc., 73 A.D.3d 868 [2d Dept. 2010]).
Source page 6Absent circumstances in which significant prejudice (said prejudice set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel are to be advised at least twenty- four (24) hours in advance of the date and time that any proposed Order to Show Cause which includes a request for a temporary restraining order is being presented to the Court. The Court has the discretion to dispense with the twenty-four (24) hour notice requirement.
Source page 6Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice may be returned unsigned and/or otherwise rejected by the Court unless an affidavit of service and notice of settlement for a date designated in accordance with 22 NYCRR § 202.48 is annexed thereto.
Source page 7All motions in foreclosure actions must include a proposed order which disposes of the motion or application for the Court’s signature. The proposed order shall be a separate document, not attached to the motion.
Source page 7The motion templates mandated for residential foreclosure cases statewide where the homeowner has defaulted MUST be used. They are available at https://ww2.nycourts.gov/admin/OPP/foreclosure_resources.shtml. The Court additionally requires certain paragraphs be added to the Orders of Reference and Judgments of Foreclosure.
Source page 7Requests to substitute a Referee shall be made by letter to the Court with an attached proposed order, NOT by formal motion.
Source page 7All proposed Judgments of Foreclosure and Sale submitted to the Court must be on notice to all Defendants and shall comply with the form set forth in the motion templates.
Source page 7All motions for Order of Reference shall include the Note, Affidavits of Service, Proof of service pursuant to CPRL 3215(g), if applicable and a military status investigation, if applicable.
Source page 7All motions for a Judgment of Foreclosure and Sale shall include proof of service of motion, referee’s report, military status investigation, and notice of pendency.
Source page 7At least five (5) business days before the Pre-Trial Conference, counsel and any self- represented parties must provide the Court and opposing counsel or self-represented party with a
Source page 8i. Copies of all exhibits intended to be offered must be presented to the Court in a ringed notebook with a table of contents, with the plaintiff’s exhibits numbered and the defendant’s exhibits lettered in the order in which they are generally intended to be used with external tabs separating each exhibit.
Source page 8ii. Counsel are to exchange their trial notebooks with proposed exhibits at least seven (7) business days prior to the Pre-Trial/Settlement Conference. Counsel must either stipulate to the admission of the exhibits to be offered by the adverse parties or state the ground of any objection to admission of any such exhibit.
Source page 8iii. Counsel must be prepared to argue to the Court the admissibility of any exhibits to which objection is taken. Counsel must stipulate to the admission of exhibits to be offered by the adverse parties to the extent possible;
Source page 8In the event a translator or interpreter is required at trial, counsel shall notify the Part Clerk no later than the pre-trial conference so that timely and appropriate arrangements can be made.
Source page 9In jury trials, the parties and their attorneys are to stand (if physically able) whenever the jury enters or leaves the courtroom. Non-party witnesses are not permitted in the courtroom during the trial, except when the witness is testifying.
Source page 9To allow the Court to rule on the admissibility of a recording at trial or hearing, any party intending to use a recording is to submit a copy of the recording and transcript of the proceedings, if applicable, to the Court prior to the pre-trial conference date (when possible) or, if same is not possible, then by no later than three (3) weeks prior to the scheduled trial or hearing date. Any proposed objections to the recording must be submitted as may be directed by the Court at the pre- trial conference or, if no such directive is provided then, by no later than two (2) weeks prior to the scheduled trial or hearing date.
Source page 9In all jury trials, a complete list of requests to charge shall be submitted to the Court immediately preceding the commencement of trial, with copies to be provided to all other counsel and self-represented parties. If a requested charge is drawn from the current Pattern Jury Instructions (PJI), only the number of the same need be submitted. If deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted in writing, together with any supporting legal precedent. The proposed revised PJI charge shall be submitted to aturnbull@nycourts.gov in WORD format.
Source page 10The parties shall jointly prepare and submit a verdict sheet to the Court. If agreement cannot be reached as to the same, each party shall prepare and submit a proposed verdict sheet to the Court and other parties. A proposed verdict sheet must be in a final typewritten form sufficient to submit to the jury. The proposed verdict sheet shall also be submitted to aturnbull@nycourts.gov in WORD format.
Source page 10Any post-trial motions brought by a party after jury trial pursuant to CPLR §§4403 or 4404 must be supported by a copy of the trial transcript.
Source page 10Upon settlement or discontinuance of an action, the parties shall immediately notify the Court and thereafter shall file electronically (or deliver a hard copy to the County Clerk) a fully executed stipulation of discontinuance.
Source page 10The Court will hold an in person Preliminary Conference. Counsel in matrimonial actions are referred to 22 NYCRR §202.16 and DRL §236(B)(4). 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. A courtesy copy of the Statement of Net Worth shall be sent to Chambers. 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 10Counsel must have substantive communications before the date set for the preliminary conference, either in person or telephonically, to determine the issues to be litigated.
Source page 11The scope of discovery shall be discussed at the Preliminary 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 11Parties to matrimonial actions are to appear at all matrimonial conferences unless otherwise directed by the Court.
Source page 11All 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 11On the return date of any pendente lite motion, the Court may 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 11In any case in which a neutral forensic evaluator has been appointed by the Court to assist in custody or access determinations, the reports of evaluators appointed by the Court are confidential. The report(s) shall not be copied or disclosed to any person except as permitted by this order or any other orders of this Court. Any attorney who wishes to receive a copy of the report must first sign an affirmation that may be obtained from the Judge’s Part Clerk or Assistant Law Clerk. A party may review the report, but may not possess a copy of the report. Self- represented litigants may make arrangements directly with the Judge’s Part Clerk to review the report at the Courthouse. No device, capable of recording or photographing, is permitted in the room where the self-represented litigant is reviewing the report. Notes may be taken. If any party seeks to retain an expert other than the neutral forensic evaluator appointed by the Court, counsel
Source page 11Counsel (including a party not represented by counsel) may stipulate at a Preliminary or other Conference to designate a specific person or firm to conduct a property evaluation and to the allocation of the expense thereof between the parties. If Counsel (including any party not represented by counsel) agree upon the evaluation as necessary and as to the allocation of expenses, but cannot agree upon a person or firm to conduct the evaluation, they may submit proposed names and curriculum vitae to the Court to order the designation. If the parties cannot agree upon the necessity for the evaluation or upon the allocation of responsibility therefor, an application shall be made, on notice to all parties, to the Court. The requesting party shall include a proposed apportionment of responsibility for costs between the parties, including the reasons therefor. Such statement shall be served upon all adverse parties, and any party opposing the application, in whole or in part, shall submit a statement, setting forth which part(s) of the application is opposed and the basis for such opposition. Nothing contained herein shall be deemed to limit or restrict the authority of the Court, in accordance with the law, to make any appointment, it being the purpose of this rule to simplify the process and reduce cost, expense and burden on the Court and the parties.
Source page 12E. Compliance Conference: The Court shall set a date for a Compliance Conference in the Preliminary Conference Order, which shall be held at least ten (10) days prior to the date by which disclosure is to be completed, for the purpose of confirming that all disclosure is complete or will be completed timely. Any disclosure not completed in conformity with the Preliminary Conference Order may be deemed waived or appropriate sanctions may be imposed against a party who failed to timely provide discovery. While emergencies do happen, the Court will be highly responsive and expects the parties to communicate all timing issues to the court immediately.
Source page 12fabricated information or fictitious citations to authority (commonly known as hallucinations). Under existing authority, by signing a paper and submitting it to this court, an attorney or party certifies that the paper does not contain any false material factual statement or any frivolous legal argument, e.g, 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this court is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content. If this court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.
Source page 13ORDERED that attorneys or support staff in the Appointee’s office may perform tasks under the Appointee’s direct supervision [unless otherwise directed by the Court], but all substantive appearances and reports must be performed and/or created by the Appointee; and it is further
Source page 14ORDERED that Plaintiff shall make application for Judgment of Foreclosure and Sale by Notice of Motion duly served upon the defendant(s), or his/her/their attorney of record, and upon all other parties included in the caption; and it is further
Source page 15ORDERED that this matter is scheduled for a conference on _______________ at 2:00 p.m. The purpose of this conference is to determine whether the Referee has completed and submitted the computation report and whether Plaintiff has filed an application for Judgment of Foreclosure and Sale. Appearances by the parties and appointed Referee are required unless: (1) the Referee has completed and submitted the computation report; and (2) Plaintiff has filed an application for Judgment of Foreclosure and Sale.
Source page 15ORDERED that the closing of title shall take place at the office of the Referee, or at such other location as the Referee shall determine. The Referee shall transfer title only to the successful bidder at auction. Any delay or adjournment of the closing date beyond thirty (30) days may be stipulated among the parties, with the Referee’s consent, up to ninety (90) days from the date of judgment, but any adjournments beyond ninety (90) days may be set only with the approval of this Court; and it is further
Source page 16Westchester County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-27Westchester County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Westchester 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 2026-07-26Westchester 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 July 26, 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 ↗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 ↗