--- title: "Diane M. Clerkin | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/diane-m-clerkin" page_type: "judge_profile" updated: "2026-08-02" --- # Diane M. Clerkin Westchester County Supreme Court · Supreme Court Justice ## Profile - Court: Westchester County Supreme Court - State: New York - Role: Supreme Court Justice - Service status: active - Last verified: 2026-07-26 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Biography ### Professional career - Justice, Supreme Court, Ninth Judicial District, Elected, 2026 to present - Judge of the New York State Supreme Court for the Ninth Judicial District, serving in Westchester County from 2026 through 2036 - NYS Unified Court System, Chief Court Attorney, Ninth Judicial District, 2010-2025 - NYS Unified Court System, Court Attorney-Referee, Ninth Judicial District, 2009-2010 - NYS Unified Court System, Special Counsel to Chief Administrative Judge, 2004-2006 - NYS Unified Court System, Principal Law Clerk to Chief Administrative Judge, 2004 - NYS Unified Court System, Principal Law Clerk to Administrative Judge, Ninth Judicial District, 2001-2004 - Special Counsel and Principal Law Clerk to Chief Administrative Judge Jonathan Lippmann - Francis A. Nicolai, Ninth Judicial District Administrative Judge ### Education - Pace University School of Law — J.D. (1993) - Yale University — B.A. (1989) ### Additional information - Private Practice, Associate Attorney, 1993-2000 - Clerkin presides over the Westchester County Supreme Court Civil Part, with rules emphasizing civility, electronic filing via NYSCEF, and strict adherence to appearance and conduct standards ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### recording and photography Scope: statewide New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms. Evidence excerpt: Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) Source checked: 2026-07-26 ### evidence presentation control Scope: statewide The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof. Evidence excerpt: 1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) Source checked: 2026-07-26 ### trial exhibit books Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### exhibit marking Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### virtual evidence courtroom Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### electronic appearances Scope: statewide For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) Source checked: 2026-07-26 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) - [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) - [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) - [Judicial Directory: Hon. Diane M. Clerkin](https://iapps.courts.state.ny.us/judicialdirectory/Bio?judge_id=Rw_PLUS_aCQG9Y_PLUS_NTF8ZKaYgi0Q%3D%3D) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/diane-m-clerkin", "url": "https://knowjudges.com/kyj/judge/diane-m-clerkin", "name": "Diane M. Clerkin | KnowJudges", "description": "Diane M. Clerkin, Westchester County Supreme Court. Source-linked judicial identity, courtroom procedures, and presentation guidance.", "dateModified": "2026-08-02", "isPartOf": { "@id": "https://knowjudges.com/#website" }, "mainEntity": { "@id": "https://knowjudges.com/kyj/judge/diane-m-clerkin#judge" } }, { "@type": "Person", "@id": "https://knowjudges.com/kyj/judge/diane-m-clerkin#judge", "name": "Diane M. 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Counsel and self-represented parties shall familiarize themselves with the statewide E-Filing Rules (see 22 NYCRR 202.5-b and 202.5-bb, available at See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 1 · Collected 2026-10-27 #### Filing and working copies General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@courts.state.ny.us. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Generally, appearances are in person unless otherwise ordered by the Court. Only 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 are to appear. Counsel for plaintiff(s) must be prepared to make a settlement demand and counsel for defendant(s) must be prepared to respond to the demand. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers 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 (e.g., delays due to inclement weather, road closures, medical emergencies, etc.), please contact your adversary and advise the Part Clerk by telephone promptly. Counsel and self-represented parties appearing late should be prepared to provide proof as to the emergency and/or unforeseen circumstance that caused the lateness. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers 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 defendant(s) as well as the name, claim number, and phone number of the adjuster assigned to the matter. In an appropriate case, the Court may contact the claims adjuster by telephone or may direct the claims adjuster to appear for a conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Virtual Appearances. Counsel may request that conferences be conducted virtually for good cause. Requests for virtual 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 conference is necessary. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Such requests shall (a) be filed via NYSCEF and emailed to the Part Clerk 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Virtual appearances will be conducted via Microsoft Teams. For virtual appearances, a Teams link will be emailed to all parties prior to the scheduled virtual appearance. Teams links will be sent only to the parties’ service email addresses listed on their NYSCEF accounts. If a party does not receive a link for a scheduled virtual appearance, the party must request a link by emailing the Part Clerk on notice to all other parties, before the virtual appearance date. It is the See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 2 · Collected 2026-10-27 #### Remote appearances If a party experiences technical difficulties when accessing the Teams link and cannot connect to the call-in number, the party shall immediately email the Part Clerk on notice to all other parties. The party shall include in the email a phone number where that party can be contacted. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Only counsel and the parties may be present during a virtual appearance, unless other persons are expressly permitted by this Court. Recording of virtual appearances is prohibited and subject to sanctions. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Adjournments of Appearances. Adjournments of any appearance before the Court shall be granted only upon a showing of good cause that an unavoidable scheduling conflict exists (22 NYCRR 202.10 [b]). To request an adjournment, a party shall make the request via letter filed to NYSCEF and emailed to the Part Clerk. The adjournment request must state: (1) the appearance date and (2) whether all parties consent and, if not, the reasons given for refusing or withholding consent. Absent extraordinary circumstances, requests for adjournment shall be made two (2) business days before the scheduled appearance. Unless the parties receive confirmation from the Court that an appearance has been rescheduled, the parties shall appear at the originally scheduled time. Appearances may not be adjourned by stipulation. Only the Court has the authority to grant an adjournment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Parties are cautioned that an adjournment of an appearance will not change the requirements of any other court order. In particular, parties are reminded that discovery shall proceed during the period of any adjournment (22 NYCRR 202.10 [b]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Adjournments and Extensions of Deadlines. The Court will not address requests for adjournments or extensions of court-ordered deadlines in response to letters or emails. The Court will only address requests for adjournments or extensions in a court conference. Therefore, if any party believes that there is an issue with a deadline, the party shall promptly email the Part Clerk and request an immediate conference with the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers Actual Engagement. 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. Counsel should not rely on opposing counsel to advise the Court of conflicting appearances. Affirmations of Actual Engagement shall strictly comply with the Rules of the Chief Administrative Judge Part 125 (Uniform Rules for the Engagement of Counsel). Counsel shall file such affirmations as soon as counsel is aware that a scheduling conflict exists. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers Attorney of Record. From time to time, the Court may direct appearances by the attorney(s) of record on any given date and for any given purpose. In such circumstances, the attorney handling the case file on behalf of a party shall appear. Absent emergent circumstances properly and timely communicated to the Court, per diem appearances will not be recognized and the failure of an attorney of record to appear as directed may constitute a default. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 3 · Collected 2026-10-27 #### Motion practice However, whether the parties participate in the Ninth Judicial District’s Mediation Program or pursue other methods of Alternative Dispute Resolution, such as private mediation, all deadlines and proceedings, including discovery, motion practice (including all deadlines associated with motions for summary judgment), and trials, shall not be extended or stayed during such proceedings. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 4 · Collected 2026-10-27 #### Artificial intelligence F. Use of Artificial Intelligence. Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this Court is expected to understand that tool’s capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated 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 (see, 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 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 4 · Collected 2026-10-27 #### Filing and working copies G. Redaction. The parties must comply with the requirements of General Business Law § 399-ddd (6), regarding the redaction of social security numbers and 22 NYCRR 202.5 (e), relating to the omission or redaction of confidential personal information, including but not limited to an infant’s full name. Failure to comply with these requirements shall result in the issuance of a sealing order, and the parties shall be required to resubmit the documents with appropriate redactions. Where permissible, redacted document(s) shall be filed to NYSCEF, and the unredacted version of said document(s) shall be simultaneously emailed to the Part Clerk. 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances H. Interpreters. In the event an interpreter is required at any stage of the action, counsel shall notify the Part Clerk no later than three (3) business days prior to the scheduled appearance so that appropriate arrangements can be made. Only certified interpreters provided by the Unified Court System may be used in court proceedings. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers J. Disability Accommodations. The Court is dedicated to ensuring that all individuals with disabilities have equal and full access to the judicial system. In the event that any party requires an accommodation, counsel or self-represented parties shall notify the Court so that appropriate arrangements may be made. Counsel or self-represented parties should refer to the Rules of the Chief Judge, which provides a procedure to request disability accommodations on an ex parte basis, where appropriate (22 NYCRR Part 52). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers A. IAS Matters Only. Communications with the Court’s Chambers staff listed above are restricted to IAS matters only. No communications regarding Tax Certiorari or Condemnation matters shall be directed to the Court’s IAS Part Chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers Communications regarding Tax Certiorari and Condemnation matters shall be directed to the Tax Certiorari and Condemnation Part Staff.2 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers B. Letters. Unless otherwise directed, communications with the Court shall be by letter, filed on NYSCEF and emailed to the Part Clerk. The Court shall not be copied on correspondence between counsel and/or self-represented parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers C. Telephone Calls. For scheduling and calendaring matters, please call the Part Clerk. For matters not addressed in these rules or in emergency situations requiring immediate attention, telephone calls to Chambers are permitted and, if necessary, the party should leave a message, noting the name and index number of the action and a brief description of the nature of the inquiry. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers D. Ex Parte Communications. Ex Parte communications are strictly prohibited except upon consent of all counsel, with respect to scheduling matters, presentation of orders to See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 5 · Collected 2026-10-27 #### Communications with chambers show cause for signature, or where otherwise permitted by law. Counsel shall inform their client(s) that under no circumstances will any member of this Court’s staff engage in any conversation or exchange any communication with a represented party. Self-represented parties shall be held to the same requirements. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice A. General Rules. The parties are cautioned that all directives in preliminary and compliance conference orders are to be followed and it is expected that pre-trial proceedings will be completed on time, absent good cause. Lack of diligence will not be regarded as a sufficient excuse. Failure to comply with the terms of a preliminary or compliance conference order and the making of frivolous motions may result in the imposition of costs or other sanctions on the offending party (22 NYCRR 202.12 [h], 202.20-e). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 6 · Collected 2026-10-27 #### Discovery Requests for modifications to discovery schedules shall be addressed to the Court at the conference. Inquiries submitted by NYSCEF or email to the Part Clerk are restricted to scheduling matters and routine submissions only. Discovery deadlines may not be extended by stipulation. Only the Court has the authority to extend discovery deadlines. If assistance is required regarding a discovery issue, a party shall request a compliance conference in a timely manner by emailing the Part Clerk, on notice to all other parties, and uploading a letter to NYSCEF, no longer than one (1) page, detailing the discovery issue. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences and appearances Pursuant to 22 NYCRR 202.12 (a), a party may request a preliminary conference at any time after service of process by e-filing a request for judicial intervention (RJI) together with the request for a preliminary conference. In the absence of a request for a preliminary conference, after an RJI has been filed, the Court will schedule a preliminary conference. In lieu of an appearance at a preliminary conference, the parties may confer and submit a fully executed preliminary conference stipulation to be so-ordered.3 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 6 · Collected 2026-10-27 #### Discovery The form stipulation must be executed by plaintiff(s) and all answering defendant(s) and uploaded as a “Proposed Stipulation to be So Ordered – Preliminary Conference” via NYSCEF at least three (3) business days before the scheduled preliminary conference. The fully executed preliminary conference stipulation will be reviewed to confirm that the parties have designated the proper track (8, 12 or 15 months for the completion of discovery in expedited, standard and complex cases, respectively, as set forth in 22 NYCRR 202.19) and that the schedule proposed by the parties is within the applicable deadline for completion of pre-trial proceedings. If the preliminary conference stipulation is deemed acceptable and so-ordered by the Court, it will be uploaded to the NYSCEF system and no preliminary conference will be held. If the preliminary See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences and appearances conference stipulation is untimely or unacceptable to the Court or the parties cannot agree on the stipulation, the preliminary conference shall proceed as scheduled. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Discovery Preliminary conferences are held in person at a general calendar call on Monday, Tuesday, Wednesday and Thursday mornings at 9:30 a.m. Except in cases where a party is appearing self- represented, an attorney thoroughly familiar with the action and who is authorized to act on behalf of the party must appear at the preliminary conference. Pursuant to 22 NYCRR 202.12, the matters to be addressed at the preliminary conference will include as appropriate, the principal factual and legal issues which are in dispute; the timing of presumptive mediation and whether other forms of alternative dispute resolution are appropriate in the subject dispute; the establishment of a timetable for the completion of all disclosure proceedings; the establishment of the method and scope of any electronic discovery as set forth in 22 NYCRR 202.12 (c), the addition of other necessary parties; settlement of the action; removal to a lower court pursuant to CPLR 325; and any other matters the Court may deem relevant. Counsel for all parties shall consult one another with respect to these issues prior to the preliminary conference and shall make a good faith effort to reach agreement in advance of the preliminary conference (22 NYCRR 202.11). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Discovery Where it is reasonably likely that a case will include electronic discovery, attorneys for the parties shall meet and confer to discuss and agree on a stipulation governing such electronic discovery. If the parties, after conferring, are unable to reach a stipulation, the Court will address same at the preliminary conference. Any parties or attorneys who appear at the conference must be sufficiently versed in their clients’ technological systems in order to competently discuss all issues relating to electronic discovery. Attorneys may bring a client representative or outside expert in order to assist in these e-discovery discussions. A non-exhaustive list of considerations to determine whether the case is reasonably likely to include electronic discovery is set forth in 22 NYCRR 202.12 (c). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances After the preliminary conference is concluded, the Court will issue a written order, which will include its directions to the parties, in addition to any stipulations of the parties’ attorneys (22 NYCRR 202.12 [f]). In the alternative, and in the Court’s discretion, a reporter may record all directives of the Court and stipulations of counsel. In circumstances where this latter procedure is employed, the parties may be directed to obtain and equally share the cost of the transcript, unless, in its discretion, the Court determines otherwise. Once so-ordered by the Court, the transcript or, in the absence of same, the proceedings, will have the full force and effect of a court order. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Adjournments Adjournments of preliminary conferences will be granted only upon a showing of good cause (22 NYCRR 202.10 [b]). While a party may upload to NYSCEF a request for an adjournment by selecting NYSCEF document type “Correspondence (Request for Adjournment),” the party must also email the request to the Part Clerk on notice to all other parties. The request for an adjournment shall be made at least three (3) business days before the scheduled preliminary conference and shall include two (2) proposed alternative dates for rescheduling the conference, which dates shall be no later than one month following the scheduled preliminary conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances Unless the parties receive confirmation from the Court that the preliminary conference has been rescheduled, the parties shall appear for the conference as originally scheduled. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice Any party may seek to advance the date of a preliminary conference upon a showing of appropriate circumstances (22 NYCRR 202.12 [i]). The request to advance the conference date shall be made via email to the Part Clerk, on notice to all other parties. In the event that a dispositive motion is filed and accompanies the RJI rather than a request for a preliminary conference, the Court will issue a control date for the submission of a preliminary conference See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice Unless otherwise directed by order of the Court, the statutory stay pursuant to CPLR 3214 for dispositive motions made pursuant to CPLR 3211, 3212 or 3213 is superseded by these rules, with the exception of motions made pursuant to CPLR 3211 (g). While counsel may agree to submit a preliminary conference stipulation to be so-ordered that defers discovery during the pendency of a dispositive motion, the parties are cautioned that they will be expected to complete all discovery within the designated track and discovery will not be stayed or otherwise extended due to the pendency of motions. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Adjournments C. Compliance Conferences. The date of the first compliance conference shall be noted on the preliminary conference order. To ensure that a case stays on its designated track, the first compliance conference shall be held approximately 150 days prior to the deadline to complete all discovery. Compliance conferences may not be adjourned and discovery deadlines may not be extended by stipulation. Only the Court has the authority to adjourn a compliance conference or extend discovery deadlines. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Motion practice D. Settlement Conferences. After a note of issue is filed and any motion for summary judgment has been decided or the time to move for summary judgment has expired, the case shall be referred to the Settlement Conference Part. Counsel or self-represented parties will be notified by the Settlement Conference Part as to the date, time, place, and mode of the settlement conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Adjournments However, the pendency of settlement negotiations will not delay, adjourn, or in any way affect the scheduling of discovery proceedings or trials. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences and appearances Counsel attending the settlement conference must be fully familiar with the action and authorized to discuss all factual and legal issues presented by the litigation, settlement demands or offers. Counsel must be authorized to enter into binding settlements on terms agreeable to the parties and to the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences and appearances Counsel are advised that, in an effort to foster open settlement discussions, the Court may meet with counsel separately during the discussions. Counsel are presumed to have consented to the Court doing so unless an objection is stated. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Adjournments If the parties reach a settlement agreement on the record and require time to effectuate the filing of a stipulation of discontinuance or to address settlement related issues such as liens, the Court may schedule an appearance for control purposes to ensure that discontinuance is effectuated in accordance with CPLR 2104, 3217, and 8020 (d). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Discovery Discovery materials are not required to be filed via NYSCEF. However, in any action subject to e-filing, parties and non-parties producing materials in response to discovery demands may enter into a stipulation authorizing the electronic filing of discovery responses and discovery materials to the degree and upon terms and conditions set forth in the stipulation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 8 · Collected 2026-10-27 #### Communications with chambers 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 Chambers for judicial intervention while the deposition is in progress. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Filing and working copies Counsel are referred to CPLR 2306 and 2307 for guidance as to subpoenas directed to municipal entities such as libraries, municipal corporations and their departments and bureaus. The Court’s issuance of a subpoena to such entities does not constitute a ruling as to the admissibility of the subpoenaed records. Counsel are also reminded that they are designated agents for service of subpoenas on their clients under CPLR 2303-a. All subpoenas seeking the production of medical (or other) records subject to the HIPAA Rules shall attach a duly executed authorization permitting the release of such records. Requests to “So Order” a subpoena must be emailed to the Law Clerk after the subpoena has been e-filed. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice The parties are cautioned that all directives in preliminary conference orders and compliance conference orders are to be followed, and it is expected that pre-trial proceedings will be completed on time. Lack of diligence will not be regarded as a sufficient excuse. Failure to comply with the terms of a preliminary conference order or compliance conference order and/or making frivolous motions may result in the imposition of costs or other sanctions on the offending party (22 NYCRR 202.12 [h]; 22 NYCRR 202.20-e). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Communications with chambers ISSUED BY THE COURT. Parties who believe that discovery is not being conducted in accordance with an order of the Court are to discuss, in good faith, the claimed noncompliance with the counsel or self-represented party who is allegedly not complying with the order. A pro forma letter does not constitute a good faith effort. Absent exigent circumstances, the parties are expected to confer in good faith either in-person or by telephone regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance prior to requesting a pre-motion conference (22 NYCRR 202.20-f). The parties are not to copy to Court on correspondence between them concerning discovery issues unless specifically requested to do so by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice If the parties’ good faith discussions fail to resolve the discovery dispute, the parties may request a pre-motion conference by emailing the Part Clerk on notice to all other parties. If a discovery dispute is addressed during a preliminary conference, the preliminary conference may constitute the pre-motion conference; however, no motion papers may be filed until after a preliminary conference order has been issued. Motions filed before a pre-motion conference has been held will be denied unless good cause is shown why such relief is warranted before the conference is held. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice The parties are expected to attend pre-motion conferences and attempt in good faith to resolve all discovery disputes. The pendency of a discovery motion shall not relieve any party from complying with any discovery responsibilities as to discovery unrelated to the motion. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice Nothing in these rules shall be construed to prevent or limit parties from making any motion deemed appropriate to best represent their interests. However, to foster the just, expeditious and inexpensive resolution of discovery disputes, pre-motion conferences shall be held to permit the Court the opportunity to resolve issues before motion practice ensues. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice A. Return Dates and Appearances. Motions shall be made returnable on Fridays. Absent a specific order to the contrary from this Court in a particular case, all motions shall be submitted without oral argument. There will be no appearances on the return date of any motion unless this Court so directs. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice B. Papers. Affidavits, affirmations, briefs, and memoranda of law shall be limited pursuant to 22 NYCRR 202.8-b and contain a certificate of compliance. Papers submitted to this part in violation of this rule may not be considered in deciding the motion. In addition, the parties See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice 1. The party opposing a motion shall use numbers/letters opposite of those used by the moving party. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice 2. Within a single motion (or in cases of a cross-motion), exhibit numbers/lettering shall continue from the last filing and not start anew. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Filing and working copies 3. Multiple documents shall not be grouped together under a single exhibit. Each exhibit shall contain only a single document separately uploaded to NYSCEF. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses 4. Reference to exhibits longer than 10 pages shall indicate the page number on which the information cited is contained. Any exhibit not containing page numbers shall be bates-stamped. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice 6. Other papers, including letters submitted after the return date of the motion, will not be considered. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Filing and working copies C. Working Copies. For all NYSCEF cases, working copies are not accepted, unless otherwise directed. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice D. Statutory Stay Superseded. Unless otherwise directed by order of the Court, the statutory stay pursuant to CPLR 3214 for dispositive motions made pursuant to CPLR 3211, 3212 or 3213 is superseded by these rules, with the exception of motions made pursuant to CPLR 3211(g). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Adjournments E. Adjournments. Requests for adjournments of motions must be sought from the Motion Support Clerk in writing in accordance with Part III of the Westchester County Civil Case Management Rules.4 No request for adjournment shall be addressed to the Part. At no time shall an adjournment be granted after the time to move or submit opposition or reply papers has expired. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Adjournments It is incumbent upon counsel to ensure that any request for an adjournment of the return date of a motion has been received by the Motion Support Office and approved within the requisite time. Requests for adjournments of motions shall NOT be addressed to Chambers. Requests for See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 10 · Collected 2026-10-27 #### Adjournments adjournments sent in error to the Part Clerk or Chambers will not be processed. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Adjournments The return date for any motion, whether pre-Note of Issue or post-Note of Issue, including motions for summary judgment and other substantive motions, and discovery related motions, once made, may not be adjourned more than three (3) times and the return date may not be adjourned for a period exceeding a total of sixty (60) days. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice Counsel are cautioned that untimely motions cannot be made timely by denominating such as cross-motions. The failure of a party to serve and file a motion or cross-motion for summary judgment within the 60-day time period pursuant to these rules and the Trial Readiness Order shall result in the denial of the untimely motion or cross-motion. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice F. Motions to Vacate Note of Issue. No motion to vacate the Note of Issue shall be filed until a pre-motion conference has been requested and held. As a result, parties should request a pre-motion conference by emailing the Part Clerk on notice to all other parties at the earliest practicable opportunity. The parties are expected to attend such conferences and attempt in good faith to resolve all disputes. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice Motions seeking to vacate a Note of Issue or to otherwise challenge readiness of the case for trial shall be made via NYSCEF within twenty (20) days of the service of the Note of Issue as required by 22 NYCRR 202.21 (e). Motions made after the twenty (20) day period has expired will be denied except in the unusual or unanticipated circumstances recognized by 22 NYCRR 202.21 (d). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice G. Orders to Show Cause and Temporary Restraining Orders. Motions shall be brought by order to show cause only when there is genuine urgency, a stay is requested, or a statute mandates so proceeding (22 NYCRR 202.8-d). An order to show cause submitted to this Court must be uploaded to NYSCEF or presented to the office of the calendar clerk, after the payment of any required fee at the County Clerk’s Office. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice When a proposed order to show cause seeks a temporary restraining order, the moving party must advise opposing counsel or self-represented party (and provide copies of all moving papers) twenty-four (24) hours in advance of the time, date, and place that the application will be made, unless the moving party can demonstrate significant prejudice by reason of giving notice (22 NYCRR 202-8-e). The Court has the discretion to dispense with the twenty-four (24) hour notice requirement. A conference on the proposed temporary restraining order, if required, will be conducted by this Court at a date and time set by this Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice If this Court signs an order to show cause, it will be uploaded to NYSCEF; if it is not an e- filed case or the moving party has not opted into NYSCEF, this Court will email the signed order to show cause to the moving party. A briefing schedule will be provided in the signed order to show cause. If appearances are required on the return date, the order will so state; otherwise, no appearance is required, and no oral argument will be heard. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice H. Motions to be Relieved as Counsel. Motions to be relieved as counsel shall be made by order to show cause returnable to this Court and counsel shall submit a proposed order granting the relief requested (22 NYCRR 202.8-a [b]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice J. Substitution/Discharge of Attorneys. Except in cases where an attorney is replaced by another attorney on consent, any change or withdrawal of counsel must be approved by the Court on a motion, brought by order to show cause pursuant to CPLR 321. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Filing and working copies The Court does not recognize the purported withdrawal by counsel where such withdrawal would result in a party becoming self-represented (except where the party is an attorney) by the filing of a “Consent to Change Attorney” form. The use of a “Consent to Change Attorney” to withdraw where a party becomes self-represented is specifically prohibited. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Motion practice K. Motions Withdrawn. The parties shall immediately notify the Part Clerk by email and letter uploaded to NYSCEF in the event that a motion is withdrawn or rendered moot. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Motion practice A. Motions. 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 https://www.nycourts.gov/forms/foreclosure/index.shtml relevant to residential foreclosure cases where the homeowner has defaulted must be utilized. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Adjournments B. Discontinuance. Where an agreement has been reached to modify a loan and/or otherwise resolve the action, plaintiff shall, within thirty (30) days, move for discontinuance by Notice of Motion. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Motion practice C. Judgments of Foreclosure and Sale. All proposed Judgments of Foreclosure and Sale submitted to the Court shall comply with the form set forth in the motion templates available at https://www.nycourts.gov/forms/foreclosure/index.shtml and must include public notice of the time and place of the sale in The Journal News (Westchester). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Conferences and appearances D. Surplus Monies Proceeding. A Judgment of Foreclosure and Sale executed by this Court will also set forth a date and time for a status conference on surplus monies to take place after the foreclosure sale. Plaintiff’s counsel shall notify the appointed Referee of the date and time of this status conference (and provide the Teams link to the extent such conference is scheduled to proceed remotely). 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 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Discovery A. Trial Readiness Order/Note of Issue. Once discovery is complete or has been deemed waived, this Court shall issue a trial readiness order. Alternatively, the parties may request the issuance of a trial readiness order without the necessity of a compliance conference by See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 12 · Collected 2026-10-27 #### Filing and working copies Pursuant to the trial readiness order, plaintiff shall file and serve a note of issue and certificate of readiness within 20 days. No note of issue shall be filed before a trial readiness order is issued. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Motion practice B. Deadline for Motions for Summary Judgment. The deadline to make any motion for summary judgment after the filing of the note of issue shall be set forth in the trial readiness order. Unless otherwise provided, any motion for summary judgment by any party must be made within 60 days following the filing of the note of issue; opposition papers must be served and filed within 30 days of service and filing of the motion papers; and reply papers must be served and filed within 10 days following service of any opposition papers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Adjournments A. Pre-Trial Conference. Upon pre-assignment of the trial to the Court, or prior to the commencement of a hearing, this Court will conduct a conference with all counsel and self- represented parties to discuss preliminary matters and procedural issues. Counsel and self- represented parties must be prepared to advise this Court of the estimated length of the trial, alert the Court to any anticipated motions in limine or evidentiary objections which will be made during the hearing or trial or alert the Court to any other issues relevant to the trial. Fact witnesses and expert witnesses should be promptly advised regarding scheduled trial dates. Absent unanticipated or exigent circumstances, trials will not be adjourned due to the unavailability of a witness. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Trial exhibits and witnesses “[W]here a date for trial of an action or proceeding is fixed at least two months in advance thereof upon the consent of all attorneys or by the court … the attorneys previously designated as trial counsel must appear for trial on that date. If any of such attorneys is actually engaged on trial elsewhere, he or she must produce substitute trial counsel. If neither trial counsel nor substitute trial counsel is ready to try the case on the scheduled date, the Court may impose any sanction permitted by law.” See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Trial exhibits and witnesses C. Verdict Sheet. Counsel shall jointly prepare a verdict sheet. The verdict sheet is to be in final form for presentation to the jury. If agreement cannot be reached, then each side shall present a proposed verdict sheet to this Court, preferably together with a copy on a flash drive, using Microsoft Word. The verdict sheet shall be included in the trial notebook (see below). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Trial exhibits and witnesses D. Requests to charge. The charge will be drawn from the Pattern Jury Instructions (PJI). A complete and exhaustive list of requested charges (including introductory and closing charges) MUST be submitted. Failure to include any charge may result in the Court refusing to instruct the jury on that charge. Unless counsel seek a deviation from the PJI charge or additions to the PJI charge, only the PJI numbers and title of the charge need be submitted. The parties must See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 13 · Collected 2026-10-27 #### Trial exhibits and witnesses meet to discuss the charges, and note on their request to charge any disagreements, along with the reasons therefor. Where deviations or additions are requested, the full text of such requests must be submitted, together with any supporting legal precedents. The proposed charge will be included in the trial notebook (see below). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Trial exhibits and witnesses E. Copies of Transcripts. If any part of a transcript of an examination before trial will be read as evidence-in-chief, the proponent of the transcript must provide a complete copy of it to this Court and all other counsel or self-represented parties, prior to its reading. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Trial exhibits and witnesses Counsel shall exit the courthouse with their trial exhibits after trial. If exhibits are not picked up, they will be considered abandoned and will be destroyed after ten (10) days. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Trial exhibits and witnesses H. Objections. Objections to questions at trial are limited to the objecting party standing (if physically able) and stating “objection” and no more than one word 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Motion practice I. Motions in Limine. Any motions for the Court’s consideration in limine must be delivered to the Part Clerk and filed and served upon the party’s adversary not later than one week prior to the scheduled date of the trial, except as to issues that cannot be reasonably anticipated prior to trial. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Filing and working copies J. Trial Notebooks. Trial notebooks are due not less than five (5) business days prior to the commencement of any trial or proceeding. Hard copies of trial notebooks shall be delivered to the Part Clerk and 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. Trial notebooks shall be assembled in three-ring binders, with sequential tabs dividing each section. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Trial exhibits and witnesses Plaintiff(s) shall use numbered tabs. Defendant(s) shall use lettered tabs. The trial notebook shall contain an index identifying all contents of the trial notebook. The trial notebook shall contain, in this order, the following: proposed witness list; proposed exhibit list, including the exhibits; See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Trial exhibits and witnesses K. Glossary. No later than one (1) week prior to trial, counsel shall deliver to the Principal Court Reporter, by email to gsaline@nycourts.gov, a glossary of names and terms that See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 14 · Collected 2026-10-27 #### Conferences and appearances 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 15 · Collected 2026-10-27 #### Adjournments B. Settled and Discontinued Cases. Counsel must notify the Part Clerk by email of the settlement or withdrawal of any action or proceeding immediately upon such settlement or withdrawal. In those cases where a party is obligated to make payments over time, the parties shall file a stipulation of discontinuance without prejudice. The Court will not allow counsel to hold the stipulation of discontinuance until all payments are made. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 15 · Collected 2026-10-27 #### Adjournments When an action is settled, discontinued or otherwise disposed of and a cause of action has not been asserted on behalf of an infant or a person judicially declared incompetent or for defendant’s wrongful act, neglect or default that caused decedent’s death, counsel or self- represented parties must promptly file a stipulation of discontinuance via NYSCEF before the case will be marked settled and disposed (22 NYCRR 202.28). If a cause of action of a minor/infant or a person who has been declared incompetent has been settled, the parties must file a stipulation of settlement subject to an infant compromise order or an incompetent person compromise order pursuant to CPLR 1207. If a wrongful death action is settled, the parties must file a stipulation of settlement subject to a wrongful death compromise order pursuant to Estates, Powers and Trusts Law § 5-4.6. The parties must specify in the stipulation if the application for the wrongful death compromise will be made in the Settlement Conference Part or the Surrogate’s Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 15 · Collected 2026-10-27 #### Adjournments If a stipulation of discontinuance or stipulation of settlement (subject to a compromise order or wrongful death order) is not filed via NYSCEF prior to the next scheduled appearance, the parties must appear on the scheduled appearance date to report to the Court the status of any such settlement. If the parties reach a settlement agreement on the record and require time to effectuate the filing of a stipulation of discontinuance or to address settlement-related issues such as liens, the matter will be set down for an appearance by the Court to ensure that discontinuance is effectuated in accordance with CPLR 2104, CPLR 3217 and CPLR 8020 (d). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 15 · Collected 2026-10-27 #### Conferences and appearances Applications for Compromise Orders are handled centrally in the Settlement Conference Part. All such applications shall be referred to the Settlement Conference Part. A sample stipulation of settlement for such cases is located on the Ninth Judicial District’s website at https://www.nycourts.gov/LegacyPDFS/courts/9jd/Forms/supreme/Stipulation_Settlement_Infan t_Compromise_Order_Wrongful_Death_Compromise_Order.pdf under “Civil Case Management Forms”). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 15 · Collected 2026-10-27 #### Discovery Pursuant to 22 NYCRR 202.19, all disclosure must be completed within 8, 12, or 15 months in expedited, standard and complex cases, respectively. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 16 · Collected 2026-10-27 #### Discovery It is hereby STIPULATED by and between all parties to the within action that disclosure shall proceed See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 16 · Collected 2026-10-27 #### Trial exhibits and witnesses a. Examinations before trial shall be conducted as follows (priority shall be in accordance with CPLR 3106 See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Trial exhibits and witnesses Plaintiff(s) shall appear for examination before trial at ________________________________________, See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Trial exhibits and witnesses Defendant(s) shall appear for examination before trial at ______________________________________, See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery On __________________________________, at ___________ a.m./ p.m. and shall produce all relevant books, papers, records, and other material for use at the deposition, including ______________________ See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Communications with chambers b. Attorneys seeking rulings on objections or making application for any other relief pertaining to the depositions shall communicate with the IAS Justice’s Part by email or telephone/TEAMs conference call for a determination and shall make no motion in the absence of a conference with the Court and a good faith effort to resolve the matter without unnecessary motion practice. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Adjournments c. Once begun, a deposition shall continue until completed and shall not be adjourned without further order from the Court, unless all parties agree that the adjournment of such deposition does not delay or otherwise impede any party’s ability to perform or enforce any of the terms of this Stipulation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery d. The transcript of an examination before trial shall be delivered to the party deposed within forty-five (45) days of the deposition, and shall be returned, duly executed thereafter pursuant to CPLR 3116 (a). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery e. Depositions of all parties shall be completed on or before ___________________________________. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery f. Depositions of all non-party witnesses shall be completed on or before _________________________. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Trial exhibits and witnesses a. On or before _________________, all parties shall exchange names and addresses of all witnesses, and shall exchange statements of opposing parties and photographs, or if none, shall so state in writing. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Trial exhibits and witnesses b. All parties shall exchange information relating to expert witnesses in compliance with CPLR 3101 and the governing case law. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 18 · Collected 2026-10-27 #### Discovery c. Demands for Discovery and Inspection (CPLR 3120) shall be served on or before ___________________. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery d. All responses to Discovery and Inspection demands shall be served no later than ________________ after receipt of the opposing party’s demands. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery e. Objections to disclosure, inspection or examination shall be made in conformity with the provisions of See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery f. Supplemental Demands for Discovery and Inspection may be served with respect to items as to which the demanding party could not reasonably have demanded in such party’s prior Demands(s) for Discovery and Inspection, provided such Supplemental Demands are served at least twenty (20) days (or if service is by mail twenty-five [25] days) prior to the expiration of the time herein set forth for the completion of disclosure. Responses to such Supplemental Demands shall be served within the time provided by CPLR 3120, except that objections to Supplemental Demands shall be interposed sufficiently in advance of the time hereinafter set forth for the completion of disclosure so as to permit the demanding party a reasonable time to seek and obtain a conference with the Court with respect to such objections and to request an extension of the time to complete disclosure. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Communications with chambers g. All demands for production of books, documents, records, and other writings relevant to the issue in this case shall be deemed to include a demand for production of any photograph, audiotape, videotape, computer disk or program, and e-mail. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery h. All interrogatories shall be served on or before ________________________. Responses shall be served in conformity with CPLR 3133. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery With respect to additional disclosure issues, the parties shall comply with the following agreement: _____ See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Discovery a. In the event that there is a need for a Confidentiality/Non-Disclosure Agreement prior to the disclosure, the party(ies) demanding same shall prepare and circulate the proposed agreement. If the parties cannot agree to same, they shall promptly notify the Court. The failure to promptly seek a confidentiality agreement may result in a waiver if same (22 NYCRR 216.1). Any Confidentiality/Non-Disclosure Agreement will be “so ordered” or entered as an Order of the Court only upon compliance with 22 NYCRR 216.1. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 19 · Collected 2026-10-27 #### Adjournments Pursuant to 22 NYCRR 202.28, the attorney for defendant is directed to file a stipulation or statement of discontinuance with the Court within (a) 30 days of the making of the payment required as a condition of the discontinuance: or (b) 30 days of the discontinuance in the event no payment is required as a condition of the discontinuance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 20 · Collected 2026-10-27 #### Adjournments No adjournments of any time directive above shall be permitted without the permission of the Court. This stipulation supersedes the statutory stay in CPLR 3214 for dispositive motions made pursuant to CPLR 3211, 3212, or 3213. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/PR_DMClerkin.pdf) · Source page 20 · Collected 2026-10-27 #### Communications with chambers Communications to the Court regarding tax certiorari and condemnation proceedings shall be addressed to the email addresses for the Part’s staff set forth above. No inquiries shall be directed to the Court’s IAS Chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers All correspondence sent to the Court must bear the full titles and index numbers of the proceedings and indicate that a copy was sent to all other counsel of record or self-represented litigant(s) simultaneously with transmittal to the Court. No ex parte communications concerning substantive issues will be entertained. All correspondence shall be concise and state the relief sought or action requested to be taken by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers The Court shall not be copied on correspondence between counsel and/or self-represented parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by correspondence or by contacting the Part’s staff. Counsel may not contact the Court without all opposing counsel on the telephone, except to schedule a conference call. The requesting party shall be responsible for setting up the conference call and providing the call-in information to the Court and all other parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies All documents in mandatory e-filed cases shall be filed through the New York State Courts E-Filing System (NYSCEF). Counsel and self-represented litigants shall familiarize themselves with the statewide E- Filing Rules (see 22 NYCRR §§ 202.5-b and 202.5bb, available at http://www.nycourts.gov/efile and the Westchester County E-Filing Protocol (https://www.nycourts.gov/LegacyPDFS/courts/9jd/Efile/WestchesterCountyJointProtocols.pdf). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Effective February 10, 2026, appearances shall be held virtually, by Microsoft Teams, unless otherwise ordered by the Court. Notices of the scheduling of all appearances will be sent via NYSCEF. Any in-person appearances shall be held in Courtroom 1802. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances For virtual appearances, parties should use the following standing Teams Link (https://notify.nycourts.gov/meet/0pynde). This Teams link will also be listed on the notices sent to all parties prior to the scheduled virtual appearance. Parties should note that since the Teams link is an active standing link for all cases, they will not receive an individual link specific to any individual case. Recording of virtual appearances is prohibited and subject to sanction. Only counsel and the parties may be present during a virtual appearance, unless other persons are expressly permitted by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Counsel who appear before the Court, whether virtually or in-person, must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance (see 22 NYCRR § 202.1 [f]). Failure to comply with this rule may be treated as a default for purposes of 22 NYCRR § 202.27. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers Counsel who are scheduled to appear before this Court and another Court must communicate that fact to the Part’s staff prior to the date of appearance so that counsel’s conflicting appearances can be reconciled. It is important for counsel to be on time for all scheduled appearances (see 22 NYCRR § 202.1[g]). If counsel or a party is unable to appear on time due to unforeseen circumstances (delays due to inclement weather or road closures, for example), counsel shall contact opposing counsel and shall advise the Part’s staff by email as soon as possible. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Represented parties need not appear for conferences unless directed to do so by the Court. Appearances are not required on the initial return date of a Real Property Tax Law Article 7 proceeding. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments A request to adjourn a conference must be made in writing by email to the Court Attorney- Referee and by letter uploaded to NYSCEF at least forty-eight (48) hours in advance of the scheduled conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Adjournments of conferences shall be granted upon a showing of good cause. An adjournment of a conference will not extend any deadline ordered by the Court unless otherwise directed by the Court (see 22 NYCRR § 202.10). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments 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. If the adjournment is on consent, the parties shall provide alternate date(s) when all parties are available. All such communications must be copied to all counsel and self-represented parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments 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 self-represented parties may succinctly provide their reasons for objecting to the requested adjournment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments The Court will advise the requesting party by court notice via NYSCEF or reply email (with copies to all parties copied on the originating email) whether the requested adjournment has been granted. No action will be taken on requests that are not copied to all other parties. The parties should not assume that the request for an adjournment (even if consented to) has been granted unless specifically advised by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Discovery To place a Condemnation matter on the calendar, a Request for Judicial Intervention is required to be filed. Within forty-five (45) days of the filing of the Request for Judicial Intervention, the Court will hold a preliminary conference with counsel. Thereafter, if necessary, and upon application, a conference will be held to determine dates for discovery. Discovery is not permitted except in special circumstances on application on notice to all parties. Upon the filing of a Note of Issue and Certificate of Readiness, a further conference will be held to establish a Scheduling Order to set the exchange of all appraisals and trial dates. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances To place a Tax Certiorari matter on the calendar call for a status conference, a Request for Judicial Intervention and a Note of Issue are required to be filed for each tax year to be placed on the calendar. After the filing of the Note of Issue, an administrative scheduling conference will be conducted. There are no appearances by counsel at the administrative scheduling conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances Any party seeking to modify the dates set by the Court must contact the Court Attorney- Referee by email and letter via NYSCEF as soon as the basis for the request to modify arises to request a conference with the Court Attorney-Referee. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances Preliminary Conferences may be requested by either party by letter application via email to the Court Attorney-Referee and uploaded to NYSCEF. The letter application shall be on notice to all parties via email and filed on NYSCEF under the index number(s) of the subject petition(s). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances Prior to the Preliminary Conference, Petitioner must have electronically filed the Notice of Petition and Petition with an affidavit of service and a Request for Judicial Intervention with an affidavit of service for each tax year placed on the calendar. The letter requesting the conference must contain a good faith statement outlining the issues to be discussed at the preliminary conference for each tax year placed on the calendar. Counsel shall consult regarding the matters to be addressed at the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference (see 22 NYCRR § 202.11). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances A separate Note of Issue with Certificate of Readiness and affidavit of service for each tax year must be electronically filed to be placed on the trial calendar (see 22 NYCRR 202.59 § [d][2]). A pre-trial conference will be scheduled during the administrative scheduling conference. Prior to the pre-trial conference, counsel must confer with each other and make a good faith effort to stipulate to undisputed material facts, issues/claims that have been resolved and/or withdrawn and issues/claims remaining to be tried. The parties must submit a joint stipulation regarding the same to the Court at least forty-eight (48) hours prior to the pre-trial conference via NYSCEF. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences and appearances At the pre-trial conference, the Court shall take whatever action is warranted to expedite final disposition of the proceedings, including, but not limited to, directing the parties to obtain appraisals and sales reports and exchange and file same appraisal reports and sales reports by dates certain before the trial, if not already completed, fixing a date for trial, signing any order required, conducting conferences for the purpose of facilitating settlement, and limiting issues and recording stipulations of counsel (see 22 NYCRR § 202.59 [e] [1] [i]-[v]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 6 · Collected 2026-10-27 #### Conferences and appearances Pre-trial conferences may be conducted by the Court Attorney-Referee in a hear and report capacity to the Court. The deadlines contained in any pre-trial order cannot be modified or extended without a subsequent Court order. Any pre-trial conference will be held at least sixty (60) days prior to the trial date. All attorneys who will conduct the trial shall attend the pre-trial conference and shall be prepared to participate in settlement negotiations. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 6 · Collected 2026-10-27 #### Discovery Before the Note of Issue and Certificate of Readiness may be filed, Petitioner shall have served on Respondent, in triplicate, a statement that the property is not income-producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review (see 22 NYCRR § 202.59[b]). A Note of Issue and Certificate of Readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed (see 22 NYCRR § 202.59[d][1]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice Within sixty (60) days after the service of the statement of income and expenses, Respondent, for the purpose of substantiating Petitioner’s statement of income and expenses, may request in writing an audit of Petitioner’s books and records for the tax years under review. If requested, the audit must be completed within 120 days after the request has been made unless the Court, upon good cause shown, extends the time for the audit. Failure of Respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege. If an audit is requested and Petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the Court, on motion of Respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires (see 22 NYCRR § 202.59[c]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 7 · Collected 2026-10-27 #### Motion practice All motions shall comply with the Uniform Rules for the New York State Trial Courts (22 NYCRR §§ 202.8-a, 202.8-b, 202.8-c, 202.8-d, 202.8-e, 202.8-f and 19-a). Generally, no appearances are required and oral argument will not be heard on the return date of a motion unless otherwise directed by the Court. Motions should be made returnable on Fridays. Prior to making any motion, Counsel should attempt to resolve issues with opposing counsel. In an attempt to resolve disputed issues, the Court recommends and counsel may request a pre-motion conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 7 · Collected 2026-10-27 #### Communications with chambers Any party seeking to request a pre-motion conference may do so by email with notice to all parties and the Court Attorney-Referee and letter via NYSCEF. Any pre-trial issue resolved by conference or otherwise must be memorialized by a written stipulation. Upon settlement of a pending motion, counsel shall immediately notify Chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 7 · Collected 2026-10-27 #### Filing and working copies The procedure for the exchange and filing of appraisal reports in tax assessment review proceedings is governed by 22 NYCRR § 202.59 (g)(1). The parties are cautioned that these rules shall be strictly enforced. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 7 · Collected 2026-10-27 #### Courtroom conduct and technology The appraisal reports shall contain a statement of the method of appraisal relied on and the conclusions as to value reached by the expert, together with the facts, figures and calculations by which the conclusions were reached. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. The appraisal reports also may contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the Court otherwise directs (see 22 NYCRR § 202.59 [g][2]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 7 · Collected 2026-10-27 #### Trial exhibits and witnesses Expert witnesses shall be limited in their proof of appraised value to details set forth in their respective appraisal reports (see 22 NYCRR § 202.59 [h]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses After the trial of the issues has begun, any such application must be made to the Court and shall be entertained only in unusual and extraordinary circumstances (see 22 NYCRR § 202.59 [h]). The appraisal exchange date may not be extended without prior Court approval notwithstanding the stipulation of the parties to extend the deadline. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies Any objection to the admissibility of an appraisal is waived unless the opposing party files specific objections within thirty (30) days of service of the appraisal. A response must be filed within twenty (20) days of service of the objections. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 8 · Collected 2026-10-27 #### Conferences and appearances In all eminent domain proceedings, the exchange of appraisal reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the Court. A Note of Issue may not be filed until such reports have been filed (see 22 NYCRR § 202.61[a][1]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies If a party intends to offer at trial expert evidence in rebuttal to any report, an expert report shall be filed within 60 days after receipt of the document sought to be rebutted (see 22 NYCRR § 202.61[a][2]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses The parties shall be limited at trial in their affirmative proof of value to matters set forth in their respective appraisal reports. Any party who fails to file an appraisal report as required shall be precluded from offering any appraisal testimony on value (see 22 NYCRR § 202.61[e]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses Attorneys are reminded of the rules regarding actual engagement of counsel. Section 125.1[g] of the Rules of the Chief Administrator provides that attorneys designated as trial counsel must appear for trial on the scheduled trial date. If any of such attorneys is actually engaged on trial elsewhere, he or she must produce substitute trial counsel or an affidavit of engagement no later than 72 hours prior to the commencement of the trial. If neither trial counsel nor substitute trial counsel is ready to try the case on the scheduled date, sanctions may be imposed. Attorneys are cautioned that the rules regarding actual engagement will be strictly enforced. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances Each party shall identify the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony and shall provide a copy of such witness list to opposing counsel. Counsel must confer with each other regarding the witnesses to be called and the order that they will be called prior to the pre-trial conference. The parties must submit agreed upon witness lists and objections to the calling of witnesses to the Court at least forty-eight (48) hours prior to the pre-trial conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses Counsel shall separately identify for the Court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility. The Court may permit, for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. The estimates of the length of testimony and the order of witnesses provided by counsel are advisory only, and the Court may permit witnesses to be See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances If any of the witnesses need a language interpreter or ADA accommodations, the Court must be advised accordingly at the pre-trial conference so appropriate arrangements can be made. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to enter into a stipulation as to the exhibits that will be offered into evidence without objection. Unless otherwise directed by the Court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to Court approval, as to those to which no objection has been made. All exhibits not consented to shall be marked for identification only. If the trial exhibits are voluminous, counsel shall consult the Court Attorney-Referee for guidance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked (see 22 NYCRR § 202.34). Petitioner’s exhibits shall be marked with numbers and Respondent’s exhibits shall be marked with letters. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Motion practice Motions in Limine shall be made to the Court at least seven (7) days prior to the pre-trial conference. Motions in Limine will be addressed during the pre-trial conference. At that time, the Court will determine and advise counsel whether the Motions in Limine will be resolved before trial or will be deferred until trial. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Filing and working copies Each party shall file, at least seven (7) days before the commencement of the trial, a Pre- Trial Memorandum of Law compliant with 22 NYCRR § 202.20-h [a]. The Pre-Trial Memorandum of Law shall be filed via NYSCEF, must outline both the stipulated and disputed facts and issues, and shall not exceed ten (10) pages in length. The hard copy Trial Notebooks shall be delivered to the Part. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses Each party shall prepare and submit a post-trial Memorandum of Proposed Findings of Fact and Conclusions of Law. Legal arguments are to be supported by relevant case law and contain proper legal citations. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances one tax year, the judgment shall list all index numbers of the proceedings settled by the order. If a decision pertains to more than one index number, it shall contain a decretal paragraph directing that a copy of the judgment be filed under the index number of each of the proceedings settled by that judgment. All judgments shall be submitted on notice and include Notice of Settlement. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances Any party may request a settlement conference with the Court at any time. Counsel are advised that, in an effort to foster open settlement discussions, the Court may meet with one side or the other apart from opposing counsel. Counsel are presumed to have consented to the Court doing so unless an objection is stated. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Adjournments If a proceeding has been settled prior to the trial date or any other court date, Chambers must be promptly notified in advance of any future appearance. All proposed orders settling tax assessment review proceeding(s) are to be electronically filed on NYSCEF to the Court for signature. Outstanding motions pending at the time a case is marked settled will be deemed withdrawn unless an explicit provision is made for their continuance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances In the event that the approvals by a municipality of an agreed upon settlement have not been obtained within ninety (90) days from the date Petitioner’s counsel submitted a Consent Judgment to Respondent’s counsel, Petitioner’s counsel shall request a conference with the Court Attorney-Referee. The Court may require that a representative from Respondent municipality appear at any conference to report the status of the formal approval of the settlement. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Adjournments If a proceeding is discontinued, a Stipulation of Discontinuance must be filed under each tax year and index number being discontinued and included in the caption of the stipulation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances Any tax certiorari proceeding pending for four years or more from the filing of the Request for Judicial Intervention without the filing of a Note of Issue, shall be placed on a special dismissal calendar, and all counsel of record shall be notified of the calendar. However, the Court retains the authority to sua sponte dismiss these matters pursuant to RPTL § 718(1). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Motion practice A Request for Judicial Intervention must be filed for each tax year and index number included in the caption of a document requiring action by the Court. Any document requiring action by the Court must also be filed in each tax year and index number included in the caption of the document. This includes, but is not limited to, Consent Judgments and motions applicable to more than one year. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/PartRules/taxCert/PR_TaxCert.pdf) · Source page 11 · Collected 2026-10-27 #### Communications with chambers Communications to the Court regarding tax certiorari and condemnation proceedings shall be addressed to the email addresses for the Part’s staff set forth above. No inquiries shall be directed to the Court’s IAS chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers All correspondence sent to the Court must bear the full titles and index numbers of the proceedings and indicate that a copy was sent to all other counsel of record or self-represented litigant(s) simultaneously with transmittal to the Court. No ex parte communications concerning substantive issues will be entertained. All correspondence shall be concise and state the relief sought or action requested to be taken by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers The Court shall not be copied on correspondence between counsel and/or self-represented parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers Telephone calls to Chambers are permitted only in situations requiring immediate attention that cannot otherwise be obtained by correspondence or by contacting the Part’s staff. Counsel may not contact the Court without all opposing counsel on the telephone, except to schedule a conference call. The requesting party shall be responsible for setting up the conference call and providing the call-in information to the Court and all other parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies Counsel and self-represented litigants shall familiarize themselves with the statewide E- Filing Rules (see 22 NYCRR§§ 202.5-b and 202.5bb, available at https://iappscontent.courts.state.ny.us/NYSCEF/live/legislation.htm and the Westchester County E-Filing Protocol (https://www.nycourts.gov/LegacyPDFS/courts/9jd/Efile/WestchesterCountyJointProtocols.pdf). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies All documents in mandatory e-filed cases shall be filed through the New York State Courts E- Filing System (NYSCEF). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Filing and working copies General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances Effective February 2, 2026, appearances shall be held virtually, by TEAMS, unless otherwise ordered by the Court. Notices of the scheduling of all appearances will be sent via NYSCEF. Any in-person appearances shall be held in Courtroom 1802. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances For virtual appearances, parties should use the following standing TEAMS Link (https://notify.nycourts.gov/meet/0pynde). This TEAMS link will also be listed on the notices sent to all parties prior to the scheduled virtual appearance. Parties should note that since the TEAMS link is an active standing link for all cases, they will not receive an individual link specific to any individual case. Recording of virtual appearances is prohibited and subject to sanction. Only counsel and the parties may be present during a virtual appearance, unless other persons are expressly permitted by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Counsel who appear before the Court, whether virtually or in-person, must be familiar with the case with regard to which they appear and be fully prepared and authorized to discuss and resolve the issues which are scheduled to be the subject of the appearance (see 22 NYCRR §202.1 [f]). Failure to comply with this rule may be treated as a default for purposes of 22 NYCRR § 202.27. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Communications with chambers Counsel who are scheduled to appear before this Court and another Court must communicate that fact to the Part’s staff prior to the date of appearance so that counsel’s conflicting appearances can be reconciled. It is important for counsel to be on time for all scheduled appearances (see 22 NYCRR § 202.1[g]). If counsel or a party is unable to appear on time due to unforeseen circumstances (delays due to inclement weather or road closures, for example), counsel shall contact opposing counsel and shall advise the Part’s staff by email as soon as possible. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Conferences and appearances Represented parties need not appear for conferences unless directed to do so by the Court. Appearances are not required on the initial return date of a Real Property Tax Law Article 7 proceeding. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments A request to adjourn a conference must be made in writing by email to the Court Attorney- Referee and by letter uploaded to NYSCEF at least forty-eight (48) hours in advance of the scheduled conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Adjournments of conferences shall be granted upon a showing of good cause. An adjournment of a conference will not extend any deadline ordered by the Court unless otherwise directed by the Court (see 22 NYCRR § 202.10). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments 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. If the adjournment is on consent, the parties shall provide alternate date(s) when all parties are available. All such communications must be copied to all counsel and self-represented parties. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments 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 self-represented parties may succinctly provide their reasons for objecting to the requested adjournment. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Adjournments The Court will advise the requesting party by court notice via NYSCEF or reply email (with copies to all parties copied on the originating email) whether the requested adjournment has been granted. No action will be taken on requests that are not copied to all other parties. The parties should not assume that the request for an adjournment (even if consented to) has been granted unless specifically advised by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Discovery To place a Condemnation matter on the calendar, a Request for Judicial Intervention is required to be filed. Within forty-five (45) days of the filing of the Request for Judicial Intervention, the Court will hold a preliminary conference with counsel. Thereafter, if necessary, and upon application, a conference will be held to determine dates for discovery. Discovery is not permitted except in special circumstances on application on notice to all parties. Upon the filing of a Note of Issue and Certificate of Readiness, a further conference will be held to establish a Scheduling Order to set the exchange of all appraisals and trial dates. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances Preliminary Conferences may be requested by either party by letter application via email to the Court Attorney-Referee and uploaded to NYSCEF. The letter application shall be on notice to all parties via email and filed on NYSCEF under the index number(s) of the subject petition(s). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances Prior to the Preliminary Conference, Petitioner must have electronically filed the Notice of Petition and Petition with an affidavit of service and a Request for Judicial Intervention with an affidavit See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 4 · Collected 2026-10-27 #### Conferences and appearances of service for each tax year placed on the calendar. The letter requesting the conference must contain a good faith statement outlining the issues to be discussed at the preliminary conference for each tax year placed on the calendar. Counsel shall consult regarding the matters to be addressed at the preliminary conference and shall make a good faith effort to reach agreement in advance of the conference (see 22 NYCRR § 202.11). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances Any party seeking to modify the dates set by the Court must contact the Court Attorney- Referee by email and letter via NYSCEF as soon as the basis for the request to modify arises to request a conference with the Court Attorney-Referee. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances The Court will schedule a pre-trial conference within forty-five (45) days of the filing of a Note of Issue. A separate Note of Issue with Certificate of Readiness and affidavit of service for each tax year must be electronically filed to be placed on the trial calendar (see 22 NYCRR 202.59 § [d][2]). Prior to the pre-trial conference, counsel must confer with each other and make a good faith effort to stipulate to undisputed material facts, issues/claims that have been resolved and/or withdrawn and issues/claims remaining to be tried. The parties must submit a joint stipulation regarding the same to the Court at least forty-eight (48) hours prior to the pre-trial conference via See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 5 · Collected 2026-10-27 #### Conferences and appearances At the pre-trial conference, the Court shall take whatever action is warranted to expedite final disposition of the proceedings, including, but not limited to, directing the parties to obtain appraisals and sales reports and exchange and file same appraisal reports and sales reports by dates certain before the trial, fixing a date for trial, signing any order required, conducting conferences for the purpose of facilitating settlement; and limiting issues and recording stipulations of counsel (see 22 NYCRR § 202.59 [e] [1] [i]-[v]). Pre-trial conferences may be conducted by the Court Attorney-Referee in a hear and report capacity to the Court. The deadlines contained in any pre- trial order cannot be modified or extended without a subsequent Court order. Any pre-trial conference will be held at least sixty (60) days prior to the trial date. All attorneys who will conduct the trial shall attend the pre-trial conference and shall be prepared to participate in settlement negotiations. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 6 · Collected 2026-10-27 #### Discovery Before the Note of Issue and Certificate of Readiness may be filed, Petitioner shall have served on Respondent, in triplicate, a statement that the property is not income- producing, or a copy of a verified or certified statement of the income and expenses on the property for each tax year under review (see 22 NYCRR § 202.59[b]). A Note of Issue and Certificate of Readiness shall not be filed unless all disclosure proceedings have been completed and the statement of income and expenses has been served and filed (see 22 NYCRR § 202.59[d][1]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice Within sixty (60) days after the service of the statement of income and expenses, Respondent, for the purpose of substantiating Petitioner’s statement of income and expenses, may request in writing an audit of Petitioner’s books and records for the tax years under review. If requested, the audit must be completed within 120 days after the request has been made unless the Court, upon good cause shown, extends the time for the audit. Failure of Respondent to request or complete the audit within the time limits shall be deemed a waiver of such privilege. If an audit is requested and Petitioner fails to furnish its books and records within a reasonable time after receipt of the request, or otherwise unreasonably impedes or delays the audit, the Court, on motion of Respondent, may dismiss the petition or petitions or make such other order as the interest of justice requires (see 22 NYCRR § 202.59[c]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 6 · Collected 2026-10-27 #### Motion practice All motions shall comply with the Uniform Rules for the New York State Trial Courts (22 NYCRR §§ 202.8-a, 202.8-b, 202.8-c, 202.8-d, 202.8-e, 202.8-f and 19-a.) Generally, no appearances are required and oral argument will not be heard on the return date of a motion unless otherwise directed by the Court. Motions should be made returnable on Fridays. Prior to making any motion, Counsel should attempt to resolve issues with opposing counsel. In an attempt to resolve disputed issues, counsel may request a conference with the Court Attorney-Referee. Any pre-trial issue resolved by conference or otherwise must be memorialized by a written stipulation. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 6 · Collected 2026-10-27 #### Communications with chambers Upon settlement of a pending motion, counsel shall immediately notify chambers. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 6 · Collected 2026-10-27 #### Filing and working copies The procedure for the exchange and filing of appraisal reports in tax assessment review proceedings is governed by 22 NYCRR § 202.59 (g)(1). The parties are cautioned that these rules shall be strictly enforced. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 7 · Collected 2026-10-27 #### Courtroom conduct and technology The appraisal reports shall contain a statement of the method of appraisal relied on and the conclusions as to value reached by the expert, together with the facts, figures and calculations by which the conclusions were reached. If sales, leases or other transactions involving comparable properties are to be relied on, they shall be set forth with sufficient particularity as to permit the transaction to be readily identified, and the report shall contain a clear and concise statement of every fact that a party will seek to prove in relation to those comparable properties. The appraisal reports also may contain photographs of the property under review and of any comparable property that specifically is relied upon by the appraiser, unless the Court otherwise directs (see 22 NYCRR § 202.59 [g][2]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 7 · Collected 2026-10-27 #### Trial exhibits and witnesses Expert witnesses shall be limited in their proof of appraised value to details set forth in their respective appraisal reports (see 22 NYCRR § 202.59 [h]). Any party who fails to serve an appraisal report as required shall be precluded from offering any expert testimony on value; See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 7 · Collected 2026-10-27 #### Trial exhibits and witnesses provided, however, upon the application of any party on such notice as the Court shall direct, the Court may, upon good cause shown, relieve a party of a default in the service of a report, extend the time for exchanging reports, or allow an amended or supplemental report to be served upon such conditions as the Court may direct (see 22 NYCRR § 202.59 [h]). After the trial of the issues has begun, any such application must be made to the Court and shall be entertained only in unusual and extraordinary circumstances (see 22 NYCRR § 202.59 [h]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 7 · Collected 2026-10-27 #### Filing and working copies The appraisal exchange date may not be intended without prior Court approval notwithstanding the stipulation of the parties to extend the deadline. Any objection to the admissibility of an appraisal is waived unless the opposing party files specific objections within thirty (30) days of service of the appraisal. A response must be filed within twenty (20) days of service of the objections. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 7 · Collected 2026-10-27 #### Conferences and appearances In all eminent domain proceedings, the exchange of appraisal reports shall be filed no later than nine months after service of the claim, demand or notice of appearance required by section 503 of the Eminent Domain Procedure Law unless otherwise extended by the Court. A Note of Issue may not be filed until such reports have been filed (see 22 NYCRR § 202.61[a][1]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 8 · Collected 2026-10-27 #### Filing and working copies If a party intends to offer at trial expert evidence in rebuttal to any report, an expert report shall be filed within 60 days after receipt of the document sought to be rebutted (see 22 NYCRR § 202.61[a][2]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses The parties shall be limited at trial in their affirmative proof of value to matters set forth in their respective appraisal reports. Any party who fails to file an appraisal report as required shall be precluded from offering any appraisal testimony on value (see 22 NYCRR § 202.61[e]). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses Attorneys are reminded of the rules regarding actual engagement of counsel. Section 125.1[g] of the Rules of the Chief Administrator provides that attorneys designated as trial counsel must appear for trial on the scheduled trial date. If any of such attorneys is actually engaged on See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 8 · Collected 2026-10-27 #### Trial exhibits and witnesses trial elsewhere, he or she must produce substitute trial counsel or an affidavit of engagement no later than 72 hours prior to the commencement of the trial. If neither trial counsel nor substitute trial counsel is ready to try the case on the scheduled date, sanctions may be imposed. Attorneys are cautioned that the rules regarding actual engagement will be strictly enforced. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances Each party shall identify the witnesses it intends to call, the order in which they shall testify and the estimated length of their testimony and shall provide a copy of such witness list to opposing counsel. Counsel must confer with each other regarding the witnesses to be called and the order that they will be called prior to the pre-trial conference. The parties must submit agreed upon witness lists and objections to the calling of witnesses to the Court at least forty-eight (48) hours prior to the pre-trial conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses Counsel shall separately identify for the Court only a list of the witnesses who may be called solely for rebuttal or with regard to credibility. The Court may permit for good cause shown and in the absence of substantial prejudice, a party to call a witness to testify who was not identified on the witness list submitted by that party. The estimates of the length of testimony and the order of witnesses provided by counsel are advisory only, and the Court may permit witnesses to be called in a different order and may permit further testimony from a witness notwithstanding that the time estimate for such witness has been exceeded (see 22 NYCRR § 202.37). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances If any of the witnesses need a language interpreter or ADA accommodations, the Court must be advised accordingly at the pre-trial conference so appropriate arrangements can be made. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Conferences and appearances Counsel for the parties shall consult prior to the pre-trial conference and shall in good faith attempt to enter into a stipulation as to the exhibits that will be offered into evidence without objection. Unless otherwise directed by the Court, prior to the commencement of the trial, each side shall mark its exhibits into evidence, subject to Court approval, as to those to which no objection has been made. All exhibits not consented to shall be marked for identification only. If the trial exhibits are voluminous, counsel shall consult the Court Attorney - Referee for guidance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Trial exhibits and witnesses Exhibits not previously demanded which are to be used solely for credibility or rebuttal need not be pre-marked (see 22 NYCRR § 202.34). Petitioner’s exhibits shall be marked with numbers and Respondent’s exhibits shall be marked with letters. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Motion practice Motions in Limine shall be made to the Court at least seven (7) days prior to the pre-trial conference. Motions in Limine will be addressed during the pre-trial conference. At that time, the Court will determine and advise counsel whether the Motions in Limine will be resolved before trial or will be deferred until trial. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 9 · Collected 2026-10-27 #### Filing and working copies Each party shall file, at least seven (7) days before the commencement of the trial, a Pre- Trial Memorandum of Law compliant with 22 NYCRR § 202.20-h [a]. The Pre-Trial Memorandum of Law shall be filed via NYSCEF, must outline both the stipulated and disputed facts and issues, and shall not exceed ten (10) pages in length. The hard copy Trial Notebooks shall be delivered to the Part. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Trial exhibits and witnesses Each party shall prepare and submit a post-trial Memorandum of Proposed Findings of Fact and Conclusions of Law. Legal arguments are to be supported by relevant case law and contain proper legal citations. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances Where a proceeding has resulted in a decision after trial, any post-trial judgments are to be submitted as directed in the decision or order. If the trial decision or order applies to more than one tax year, the judgment shall list all index numbers of the proceedings settled by the order. If a decision pertains to more than one index number, it shall contain a decretal paragraph directing that a copy of the judgment be filed under the index number of each of the proceedings settled by that judgment. All judgments shall be submitted on notice and include Notice of Settlement. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances 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. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances Any party may request a settlement conference with the Court at any time. Counsel are advised that, in an effort to foster open settlement discussions, the Court may meet with one side or the other apart from opposing counsel. Counsel are presumed to have consented to the Court doing so unless an objection is stated. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Adjournments If a proceeding has been settled prior to the trial date or any other court date, Chambers must be promptly notified in advance of any future appearance. All proposed orders settling tax assessment review proceeding(s) are to be electronically filed on NYSCEF to the Court for signature. Outstanding motions pending at the time a case is marked settled will be deemed withdrawn unless an explicit provision is made for their continuance. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 10 · Collected 2026-10-27 #### Conferences and appearances In the event that the approvals by a municipality of an agreed upon settlement have not been obtained within ninety (90) days from the date Petitioner’s counsel submitted a Consent Judgment to Respondent’s counsel, Petitioner’s counsel shall request a conference with the Court Attorney-Referee. The Court may require that a representative from Respondent municipality appear at any conference to report the status of the formal approval of the settlement. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 11 · Collected 2026-10-27 #### Conferences and appearances Any tax certiorari proceeding pending for four years or more without the filing of a Note of Issue, shall be placed on a special dismissal calendar, and all counsel of record shall be notified of the calendar. However, the court retains the authority to sua sponte dismiss these matters pursuant to RPTL Section 718(1). See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/9jd/partrules/taxCert/PR_TaxCert_Judge_minihan-.pdf) · Source page 11 · Collected 2026-10-27 ### Shared court rules - [22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction](https://knowjudges.com/courtroom-rules/ny-shared-set-5e0f997e8c334d15fbc4) — State criminal proceedings only; section-specific court and case exceptions remain applicable. [Official source](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction). Collected 2026-10-27. - [22 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court](https://knowjudges.com/courtroom-rules/ny-shared-set-bf1c7eb9020e52eed65d) — Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable. [Official source](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court). Collected 2026-10-27. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory. [Official source](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.