Ellen B. Tobin at a glance
- Current role
- Court of Claims Judge
- Jurisdiction
- New York · State
- Judicial service
- Active
Ellen B. Tobin
Court of Claims Judge · Nassau County Court of Claims
Biography
Professional career
- Acting Justice, Supreme Court, Nassau County, Matrimonial Center, Appointed by Chief Administrative Judge Joseph A. Zayas, 2023 to Present
- Judge, New York State Court of Claims, Appointed by Governor Kathy Hochul, 2023 to 2026
- United States District Court, Eastern District of New York, Judicial Law Clerk to the Hon. A. Kathleen Tomlinson, U.S. Magistrate Judge, 2009 to 2010
Education
- University of Pennsylvania — J.D. (2005)
- University of Pennsylvania — B.A. (2001)
Additional information
- Westerman Ball Ederer Miller Zucker & Sharfstein, LLP, 2015 to 2023
- Curtis, Mallet-Prevost, Colt & Mosle LLP, 2005 to 2015
Applicable Court Rules & Procedures
Courtroom Technology
Courtwide
The New York Court of Claims publishes courtroom evidence-presentation technology, including document/photo/object/video presentation and laptop connections in specified courtrooms.
With minimal effort, attorneys can present documents, color photos, objects, videos, and use electronic presentations to bring details to the court.Court of Claims Courtroom Technology ↗
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (44 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Motion practice
5. The Court is to be immediately advised of the resolution or withdrawal of (a) a motion or portion of a motion that is sub judice, or (b) a case with motions that are sub judice. If resolved by stipulation, the stipulation must specify the withdrawal or resolution of the motion and the motion sequence number.
Source page 1Communications with chambers
1. No Ex Parte Communications. The Court does not accept ex parte communications or attempts to litigate by email. Such communications will be disregarded.
Source page 2Adjournments
2. Adjournment Requests. Requests for adjournments of conferences and court appearances shall be made in writing using Judge Tobin’s Adjournment Request form:https://www.nycourts.gov/LegacyPDFS/COURTS/10jd/nassau/pdf/TobinAdj Req.pdf. The requesting party shall confer with all counsel and self-represented parties and fill out the form completely. Requests shall be submitted by email to JudgeTobinRemote@nycourts.gov, copying all counsel and self-represented parties, as least 2 business days before the scheduled appearance. The Court will notify counsel and self-represented parties via email if the adjournment is granted.
Source page 2Adjournments
If granted, the party that initiated the request shall then file on NYSCEF a confirmation letter stating the new date/time. Unless/until the Court grants the adjournment, counsel and self-represented parties are required to appear on the scheduled date/time.
Source page 2Adjournments
3. The Preliminary Conference Order. All parties are required to abide by the deadlines in the Preliminary Conference (“PC”) Order. The Court’s consent is required for adjournments of (a) the deadline to complete depositions, and (b) the end-date for all disclosure. Requests to adjourn such deadlines must be made in writing as soon as possible upon becoming aware of the need for the request.
Source page 2Adjournments
Counsel and self-represented parties must provide the (x) reason(s) for requesting the adjournment; (y) whether the other side consents; and (z) proposed date for the new deadline.
Source page 2Communications with chambers
4. Unless otherwise directed by the Court, all other requests and issues shall be raised via correspondence filed on NYSCEF.
Source page 2Communications with chambers
5. The Court does not accept correspondence sent by facsimile.
Source page 2Adjournments
6. The Court does not accept adjournment or other substantive requests left on Chamber’s voicemail. Such communications will be disregarded.
Source page 2Conferences and appearances
2. Conferences and other court appearances will be held in person. Requests for virtual conferences will be considered on a case-by-case basis.
Source page 2Discovery
parties must be (a) fully familiar with and knowledgeable about the action; (b) prepared to address all matters likely to arise at the proceeding; and (c) authorized to bind the party they represent consistent with the proceedings (e.g., be able to enter into a discovery or briefing schedule).
Source page 3Conferences and appearances
6. Requests for an interpreter are to be made to the Part Clerk at least 7 days prior to the scheduled appearance.
Source page 3Filing and working copies
1. E-filing Rules. Counsel and self-represented litigants must be familiar with the
Source page 3Filing and working copies
2. NYSEF Email Addresses. The Court will send emails to the NYSCEF email address(es) of record for each party in the case. Counsel must ensure that their respective email addresses are accurate and up-to-date, including removing representation from NYSCEF when appropriate.
Source page 3Filing and working copies
3. Electronic Filing Required. All documents in mandatory e-filed cases, except documents subject to the opt-out provisions of NYCRR § 202.5-bb or where e- filing consent has been withheld, must be filed through NYSCEF. All submissions to the Court must be electronically filed (except as set forth herein).
Source page 3Filing and working copies
4. Affidavits of Service. Affidavits of Service that are uploaded to NYSCEF must identify the individual/entity on whom/which service was made.
Source page 3Filing and working copies
5. Exhibits. Exhibits must be uploaded to NYSCEF individually, with each exhibit clearly identified and described (e.g. Affidavit of Defendant, Statement of Net Worth, Lease Agreement, etc.).
Source page 3Motion practice
6. “Working Copies” Required. Counsel and self-represented litigants MUST provide “working copies” of all papers filed in connection with electronically filed motions and order to show cause (“OTSC”) applications. See 22 NYCRR §§ 202.5-b, 202.8-a: https://ww2.nycourts.gov/rules/trialcourts/202.shtml#05b.
Source page 4Communications with chambers
The working copies should be double sided, if practicable, and include external exhibit tabs, and be mailed or delivered to Part 35 on or before the motion return date. Working copies must include the index number, motion sequence number and return date in the caption section. Failure to provide working copies in accordance with this rule may delay submission of the motion or OTSC application.
Source page 4Motion practice
1. Parties wishing to file a motion concerning discovery must first request a pre- motion conference with the Court. No discovery motion may be filed in the absence of good-faith efforts to resolve the dispute and a pre-motion conference (unless the Court directs otherwise).
Source page 4Communications with chambers
2. A party wishing to raise a discovery dispute with the Court must first meet and confer in good faith with the other side(s) about the issue(s) prior to raising it with the Court, in accordance with 22 NYCRR § 202.7. A pro forma letter does not meet the Rule’s requirements. There must be substantive communications between counsel and self-represented litigants regarding the alleged discovery deficiencies or noncompliance, on one hand, and the claimed compliance or reason(s) for noncompliance, on the other.
Source page 4Motion practice
3. If the parties are unable to resolve the dispute, then the party wishing to make the motion is to e-file a letter, not to exceed 3 pages, succinctly describing the contemplated motion and the grounds for the same, and the efforts that have been made to resolve the issue. Any opposing party should then file a letter, not to exceed 3 pages, setting forth its position, within 3 business days after the request is filed. The Court will determine whether to hold a pre-motion conference.
Source page 5Filing and working copies
Working copies are not necessary unless the Court directs otherwise.
Source page 5Discovery
4. Parties should seek relief in accordance with these procedures in a timely fashion, including seeking relief with sufficient time to obtain a ruling and complete any remaining or further discovery that may be ordered in advance of the discovery end date (as set forth in the PC Order).
Source page 5Motion practice
1. Compliance with 22 NYCRR Part 202. All motions and OTSC applications (including the form and length of such papers) shall comply with Part 202 of the Uniform Civil Rules for the Supreme Court and the County Court.
Source page 5Motion practice
4. Limited Use of Orders to Show Cause. Applications should be brought by order to show cause only when there is (a) a genuine urgency (e.g., applications for provisional relief); (b) a stay is requested; (c) it is mandated by statute; or (d) by leave of Court. See 22 NYCRR § 202.8-d.
Source page 5Motion practice
5. Exhibits. In any motion or OTSC application, the moving party shall designate exhibits by number; the opposing party by letter. Exhibit numbers/letters should be continuous by party – i.e., not begin anew for subsequent papers submitted by the same party within the same motion sequence.
Source page 5Trial exhibits and witnesses
6. Citations to Exhibits. References to exhibits longer than 10 pages shall indicate the page number (or Bates number) on which the cited information is contained.
Source page 5Motion practice
7. Return Dates. Motions and OTSC applications may be marked returnable on any day of the week, and are on submission only (i.e., no appearance is required on the return date), unless the Court directs otherwise.
Source page 5Motion practice
11. Immediate Notice of Resolution or Withdrawal. The Court is to be advised immediately of the resolution or withdrawal of (a) a motion or portion of a motion that is sub judice, or (b) a case with motions that are sub judice. If resolved by stipulation, the stipulation must specify the withdrawal or resolution of the motion and the motion sequence number.
Source page 6Motion practice
12. Motions for Default Judgment. A party seeking a default judgment must proceed by way of a motion, and NOT by OTSC. The motion papers shall provide all of the required information, which is listed (for reference) in the Checklist for
Source page 6Motion practice
a. Summary judgment motions must be made within 90 days of the filing of the note of issue.
Source page 6Trial exhibits and witnesses
c. Where a party submits a Statement of Material Facts – whether in a brief or in a separate statement – each statement must be followed by citation to evidence in the record to support the contention.
Source page 6Trial exhibits and witnesses
1. Requests to Charge. Counsel must submit a complete list of requested jury charges, drawn from the current Pattern Jury Instructions (PJI). Requests to charge must be submitted in Microsoft Word format to
Source page 6Conferences and appearances
JudgeTobinRemote@nycourts.gov by the date selected at the Pre-Trial Conference (and, in any event, at least 48 hours prior to the Charge Conference). Where the requested charge comes directly from the PJI, only the PJI title, section number and page number need to be provided. Where deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted indicating the deviations, and any supporting legal authority.
Source page 7Conferences and appearances
2. Proposed Verdict Sheet. A Proposed Verdict Sheet, jointly prepared by all counsel and self-represented parties, typewritten and in final form for presentation to the jury, shall be submitted in Microsoft Word via email by the date selected at the Pre-Trial Conference (and, in any event, at least 48 hours prior to the Charge Conference). If counsel and self-represented parties cannot agree on the questions to be posed to the jury prior to the Charge Conference, each side will present its own Proposed Verdict Sheet, which must be in Microsoft Word format and submitted to the Court’s Remote email address.
Source page 7Motion practice
3. Motions In Limine shall be made on at least 7 days’ notice to opposing counsel and self-represented litigants and at least 7 days prior to the start of trial. Counsel shall provide copies of all case law they are relying on in a motion in limine or in opposition thereto.
Source page 7Trial exhibits and witnesses
4. Pre-Marking Exhibits. Prior to trial (a) counsel shall confer in good faith in an effort to agree on the exhibits to be offered into evidence without objection, and (b) 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. The Court will rule on the objections to the contested exhibits at the earliest possible time. Exhibits not previously identified, which are to be used solely for credibility or rebuttal, need not be pre-marked.
Source page 7Communications with chambers
5. Deposition Transcripts. Prior to trial, counsel shall confer in good faith in an effort to (a) agree on the portions of deposition testimony to be offered into evidence without objection, and (b) resolve objections regarding the use of corresponding video recording (if any). The parties shall delete from the testimony to be read questions and answers that are irrelevant to the point for which the deposition testimony is offered. Each party shall prepare lists of (x) the deposition testimony to be offered by it as to which no objection has been made, and (b) the deposition testimony as to which objection has been made. At least 10 days prior to trial, or such other time as the Court may set, each party shall submit these lists to the Court and other counsel, together with copies of the portions of the deposition testimony as to which no objection has been made and, if applicable, the corresponding video recordings. This Rule does not apply to portions of deposition testimony and corresponding video recordings to be used solely for impeachment or credibility purposes.
Source page 7Trial exhibits and witnesses
8. Objections. Objections to questions at trial are to be limited to the objecting party standing (if physically able) and stating “Objection.” Speaking Objections are prohibited. If the Court requires further explanation of the Objection, the Court will ask for further explanation or invite counsel to approach at side bar.
Source page 8Communications with chambers
9. Use of Video Recordings. A party who intends to use a video recording at trial shall submit a copy of the same and a corresponding transcript, if applicable, to the Court at least 2 weeks prior to the scheduled trial date, to allow the Court sufficient time to rule on admissibility and objections regarding the same (if any).
Source page 8Trial exhibits and witnesses
10. Displays and Monitors. The Court is not able to provide electronic devices or support. Counsel and self-represented litigants must bring all equipment they plan to use during the trial (e.g., screens, monitors, etc.).
Source page 8Trial exhibits and witnesses
11. Disposal of Trial Documents. Trial counsel are responsible for taking back all exhibits, pleadings, transcripts, etc., within 30 days after the end of trial, unless, in the case of non-jury trials, the Court reserves its decision. In all cases, exhibits, pleadings, transcripts, etc., not retrieved within 60 days from the conclusion of the jury trial or after the Court renders a decision in a non-jury trial, will be disposed of.
Source page 8Trial exhibits and witnesses
12. Malpractice “Departures.” In jury trials involving claims of professional negligence, no later than the next trial session after the party “rests,” or such other time as the Court may direct, each party-plaintiff shall furnish the Court and all counsel with a list of proposed departures from the standards of applicable care that the party asserts were testified to by its expert(s) or other witnesses. Where such testimony has been transcribed, page references are required.
Source page 8Shared court rules
22 NYCRR Part 206 — Uniform Rules Court Claims
New York Court of Claims
Court of Claims actions and proceedings
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New York Court of Claims
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System Judicial Directory official judicial roster
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Court of Claims Courtroom Technology
Courtwide source · HTML · Source checked July 26, 2026
View Court of Claims Courtroom Technology ↗