Erica L. Prager at a glance
- Current role
- Supreme Court Justice, IAS Part 12
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2033
Erica L. Prager
Supreme Court Justice, IAS Part 12 · Nassau County Supreme Court, Civil Term
Official judge-specific and circuitwide procedural guidance has been located for this profile.
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Biography
Professional career
- Justice of the Nassau County Supreme Court in New York’s 10th Judicial District, elected in 2019 and serving since 2001 in earlier judicial roles
- Justice, Supreme Court, Nassau County, Elected, 2020 to 2033
- Nassau County Supreme Court Justice — elected November 5, 2019
- Judge, District Court, Nassau County, Elected, 2002 to 2007
- Erica Prager, Attorney at Law, 1995 to 2001
- Kings County District Attorney's Office, Assistant District Attorney, 1989 to 1995
- Previous roles: Assistant District Attorney in Kings County for six years; later opened her own private legal practice
Education
- Cardozo School of Law, Yeshiva University — J.D. (1989)
- Cornell University — B.S. (1986)
Additional information
- Re-elected, 2008 to 2013, 2014 to 2019
- New York City Housing Authority Inspector General's Office, Investigator
- Prager’s legal career began in public service as a Kings County District Attorney’s Office assistant before transitioning to private practice.
- She has also been active in community organizations and alumni networks
Erica L. Prager Procedures & Courtroom Rules
Presentation Equipment Notice
Judge Specific
A party expecting Justice Prager's courtroom to supply equipment for video, audio, digital recordings, or demonstratives must notify the part clerk at the first trial appearance.
On the first appearance in the Part for trial, any party who intends to rely upon the Court to supply equipment for utilizing a video tape recording, an audio tape recording, digital recording, demonstrative evidence, or the like, shall notify the Clerk in the Part.Justice Erica L. Prager IAS Part 12 Rules ↗
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Statewide
In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.
The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Statewide
Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Remote appearances
Statewide
For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.
Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗
Statewide
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
Published courtroom rules
Judge and named-part rules
Published judge / part rules (54 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Adjournments
1. Applications to adjourn conferences or motions on consent must be received by Chambers via (facsimile /electronic mail) by2:00pm on the business dayprior to the conference date or return date of the motion.
Source page 1Adjournments
Applications MUST be made using the Request for Adjournment Form attached hereto. The Request for Adjournment Form is to be filled out completely. Incomplete forms or forms received after 2:00pm on the business day prior to the conference date or return date shall be summarily denied, unless the Court is advised of extraordinary circumstances, which will be taken into consideration.
Source page 1Adjournments
If the application is based on counsel’s actual engagement on another matter, an Affirmation of Actual Engagement, in conformity with 22 NYCRR Section 125, must accompany the Request for Adjournment Form.
Source page 1Adjournments
All attorneys and pro se litigants shall be notified of all adjournment requests prior to said request.
Source page 1Adjournments
2. Letters confirming adjournments shall state that the Court has adjourned the
Source page 1Motion practice
conference or motion on consent of the parties to the specified date, and shall contain the full names of both parties, the index number, a notation indicating the current date the matter is on the Court’s calendar, and that all parties have been simultaneously copied.
Source page 2Adjournments
3. Adjournment requests that are left on the Chamber’s voice mail shall be disregarded, absent extraordinary circumstances.
Source page 2Adjournments
4. Adjournments of motions and conferences may be granted if there is consent of all parties and prior approval of the Court. No adjournments will be granted without the approval of the Court. If all parties do not consent to the adjournment, an application shall be made byconference call, with all counsel, no later than 3:00pm on the day preceding the scheduled conference or the motion. No requests for an adjournment will be entertained without all parties participating in the conference call. Except for applications made in court, upon approval of the adjournment, a letter must immediately be submitted by (fax/email) to Chambers confirming same with a copy to all counsel appearing in the matter.
Source page 2Motion practice
1. Except in an emergencysituation or where an affirmation is presented demonstrating there will be significant prejudice to the moving party by giving prior notice, prior to making any motion, the moving party is required to serve a written notice to the opposing party of the intention to make the motion and the relief that will be sought in the motion, and offer to make a good faith attempt to resolve the matter.
Source page 2Motion practice
3. The movant shall submit to the Court as part of their motion papers proof of compliance with the prior above mentioned notification requirement, which will include copies of both counsel’s letters.
Source page 2Motion practice
1. Prior to making or filing any discovery motions, the movant is encouraged to schedule a virtual conference to permit the parties and the Court to attempt to resolve the issue(s). Should the virtual conference resolve the matter, a sua sponte order consistent with such resolution may be issued.
Source page 3Motion practice
2. Notwithstanding [1] above, all motions relating to discovery require a conference on the return date of the motion or order to show cause, unless otherwise specifically waived by the Court. The movant shall email the Court to schedule same.
Source page 3Motion practice
4. If the matter cannot be resolved, the motion papers must state that this Rule has been fully complied with.
Source page 3Motion practice
5. No discovery motion shall be marked submitted prior to the holding of a conference with the Court in accordance with this rule, and prior to this Court’s determination that the matter cannot be resolved in conference.
Source page 3Motion practice
1. Motions shall be made returnable on a Tuesday (except as provided in [2] below), and shall be marked submitted on such date, subject to the demands of the Court’s calendar. All motions, other than discovery motions, are on submission only unless otherwise directed by the Court.
Source page 3Motion practice
2. In the event a case is already scheduled for a conference with the Court, counsel should endeavor to make the return date of a motion, if possible, on said date. Alternatively, the Court may, where practicable, advance the conference date to align with the return date of the motion.
Source page 3Communications with chambers
3. Motions are to be served and filed in conformity with CPLR §2214. All motions must be organized in such a manner so that each branch of the motion stated in the notice of motion or order to show cause is preceded by a number or a letter. Said number or letter designation shall be used in the supportingaffirmation and affidavits and shall correspond to the number/letter used for each branch as set forth in the notice of motion or order to show cause. Any references to EBT testimony shall cite to the exact page and line numbers relied upon rather than merelyattaching the entire transcript or “relevant portions”; full transcripts shall be supplied. Motions not consistent with these rules will be rejected.
Source page 3Filing and working copies
5. Each E-filed exhibit must be filed and labeled as a separate NYSCEFdocument. All paper exhibits must be clearlytabbed; no exhibits shall be double sided; no mini- scripts are accepted. All paper submissions shall be fully and securely bound and shall have a litigation back attached thereto. Each bound portion shall be no thicker than two inches. Submissions inconsistent with these rules will be disregarded.
Source page 4Motion practice
7. If all or part of a submitted motion is settled, counsel shall notify the Court by letter setting forth the motion sequence number, the date the motion was submitted, what aspects of the motion have been settled and what issues remain to be decided. If the motion is resolved in its entirety, the movant shall indicate same. The letter shall be accompanied by the original stipulation of settlement, a copy of which must be uploaded to NYSCEF in an e-filed case. If the motion is resolved on the record, in whole or in part, movant shall obtain such transcript so that same can be "so-ordered," unless the Court directs otherwise.
Source page 4Motion practice
8. Pursuant to CPLR §3212(a), a motion for summary judgment shall be made no later than sixty (60) days after the filing of the Note of Issue, except with leave of Court on good cause shown. Any physician affirmations, reports or other medical proof submitted in threshold motions shall contain the original signatures of the physician or medical provider.
Source page 4Motion practice
9. When submitting proposed orders or judgments in connection with a motion, the same shall be submitted as a separately bound document. Proposed orders or judgments incorporated within the motion papers will be considered as exhibits, treated as such, and may be disregarded.
Source page 4Motion practice
10. Motions brought pursuant to CPLR §§3211, 3212, or 3213 shall not automatically stay disclosure.
Source page 4Motion practice
1. Any Order to Show Cause seeking any injunctive relief, including a stay or TRO, must be made in accordance with 22 NYCRR 202.7(f). The moving party shall advise the Court as soon as practicable of counsel’s intent to make such application.
Source page 4Motion practice
2. Requests to continue or vacate a stay or TRO beyond the return date of the motion shall be made at a conference with all parties present. Failure to apply for such
Source page 4Motion practice
extension shall result in the automatic vacatur of the stay or TRO, unless the Order to Show Cause provides otherwise.
Source page 5Motion practice
3. An “Emergency” Order to Show Cause requires a special affidavit based upon personal knowledge and an affirmation explaining in detail the nature of the emergency. In addition to the foregoing, the movant should be prepared to appear in Court and to make a record before the Court, if the Court requires same.
Source page 5Motion practice
A. All court appearances, including compliance, motion and status conferences, shall be conducted in person, unless the Court directs otherwise.
Source page 5Conferences and appearances
B. With respect to conferences held in person, all Attorneys and pro se litigants must alert the Court Officer or Court Clerk of their presence and complete a sign-in sheet. If counsel must also appear before another judge, counsel must advise the Part Clerk or Court Officer where counsel can be reached.
Source page 5Motion practice
D. If there are any outstanding motion(s) (submitted or pending) at the time of the conference/trial, the Law Clerk and/or Judge must be so informed of same that day. Copies of such motions should be available to the Court at the time of such conference.
Source page 5Conferences and appearances
E. All attorneys, and pro se litigants are required to appear for every appearance. All counsel are encouraged to be prompt for their scheduled appearance in order to avoid unnecessarydelayof the callingof their matter. Failure to appear at any scheduled call of the calendar or at any conference may result in a default and/or a dismissal of the action (NYCRR §202.27).
Source page 5Communications with chambers
A. In all communications with chambers by letter, the title of the action, full names of the parties, date matter is next on the Court’s calendar, and index number shall be set forth, with copies simultaneously delivered to all counsel. Ex parte communications will be disregarded.
Source page 5Communications with chambers
C. Copies of correspondence between counsel shall not be sent to the Court. Such copies shall be disregarded and will not be placed in the Court’s file.
Source page 6Conferences and appearances
D. No out of Court settlement will be recognized or accepted unless counsel submits a letter, on notice to opposing counsel, submitting the executed settlement agreement/stipulation or certifying that such agreement/stipulation has, in fact, been executed.
Source page 6Communications with chambers
E. The Court will not accept ex parte telephone communications on substantive issues.
Source page 6Communications with chambers
F. The Court will not accept telefax communications or submissions without prior permission.
Source page 6Conferences and appearances
A. A Note of Issue shall be filed within ninety (90) days after certification, unless otherwise specified in the Certification Order. Counsel for plaintiff shall pay the requisite fee with the County Clerk and ensure that the Note of Issue is submitted to the clerk who will then assign a calendar number.
Source page 6Adjournments
B. Pre-trial Conference: At the first appearance of all cases assigned to this Part for trial, a pre-trial conference shall be held. Counsel with knowledge of the case and all pro se parties must attend. There will be no adjournments without the court’s consent. At the pre-trial conference, the Court shall provide for the submission or
Source page 6Motion practice
1. In Limine applications. Any party intending to make a motion in limine shall submit a brief written affirmation setting forth the nature of the application and any supporting statutory or case law. The party shall furnish the Court and provide counsel for all parties, with a copy. There shall be a separate affirmation for each motion in limine. The Court shall be provided with all prior decisions and orders which may be relevant to said in limine applications.
Source page 6Filing and working copies
3. Exhibits: All trial exhibits, whether the parties stipulate to admit them into evidence to the Court or not, shall be pre-marked by the Court reporter. A copy of the list of exhibits must be given to the Court before the trial begins. During trial the Court shall be provided with a courtesy copy of each exhibit. As to those exhibits marked for identification, the Court will address their admissibility in limine or during the trial, as may be appropriate. (See, Davis Eckert v. State of New York, 70 NY2d 632, 518 NYS2d 957.)
Source page 7Trial exhibits and witnesses
To alert the Court as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses, and any other practical problems which the Court should consider in scheduling.
Source page 7Trial exhibits and witnesses
To alert the Court to anyanticipated requests for a juryinstruction relating to missing witnesses and/or documents.
Source page 7Trial exhibits and witnesses
5. A list of all expert witnesses with copies of their reports. Each party shall, with respect to each expert witness that partyintends to call, submit a list identifying with specificityanyrecord, report, photograph, film, computer animation, x-ray, CT scan, MRI, EMG study or similar item or items to which an expert witness is expected to make reference as supporting in whole or in part the opinion he or she will offer.
Source page 7Trial exhibits and witnesses
Where the exhibit is a many-paged document such as a hospital record, office record or voluminous (more than 10 pages) business record, counsel shall identify by way of tabs, Post-Its, page numbering or similar device, the particular page or pages to which reference will be made.
Source page 7Discovery
6. Marked pleadings pursuant to CPLR §4012 are to be submitted before opening statements along with a copy of any statutory provisions in effect at the time the cause of action arose upon which either the plaintiff or defendant relies; the bill(s) of particular; all expert reports relevant to the issues; all reports, depositions and written statements which may be used to either refresh a witness’ recollection and/or cross-examine the witness. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the Court and your adversary with the page and line number of all such testimony so that all objections can be addressed prior to use before the jury.
Source page 7Trial exhibits and witnesses
8. Requests to Charge and Verdict Sheets - Each party shall supply the Court with preliminaryrequests to charge and proposed verdict sheets. Charges from the Pattern Jury Instructions may be identified by number without necessity of reproduction unless a modification of the standard charge is requested, in which case the modification is to be highlighted. Citations to appropriate statutory or common law authorityshall be given in support of suggested non-PJIjurycharges or suggested PJI modifications. Each party shall supply an original to the Court and furnish every other party with a copy. The preliminary requests may be supplemented, modified or edited as the trial progresses.
Source page 8Conferences and appearances
C. Equipment - On the first appearance in the Part for trial, any party who intends to relyupon the Court to supplyequipment for utilizing a video tape recording, an audio tape recording, digital recording, demonstrative evidence, or the like, shall notifythe Clerk in the Part.
Source page 8Conferences and appearances
D. Nassau County Police Officers - On the first appearance in this Part for trial, any partywho has issued a subpoena to secure the appearance of a Nassau County Police Officer shall notify the Clerk in the Part so that the Clerk may facilitate the officer’s appearance through police liaison.
Source page 8Conferences and appearances
E. Interpreters - On the first appearance in this Part, any party who will require the assistance of an interpreter or any special needs shall notify the Clerk in the Part and specify the language (including dialect, where appropriate).
Source page 8Adjournments
4. Trials will be conducted on a continual daily basis until conclusion. As such, no adjournments or delays during trial will be accepted unless the Court finds exigent circumstances exist.
Source page 8Trial exhibits and witnesses
5. Trial counsel are responsible for taking back all exhibits, pleadings, transcripts, etc., at the end of a trial, unless, in the case of non-jury trials, the Court reserves its decision. In all cases, exhibits, pleadings, transcripts, etc., not retrieved within thirty (30) days after the Court renders a decision in a non-jury trial, shall be disposed of.
Source page 9Trial exhibits and witnesses
6. Malpractice Departures - In cases involvingclaims of professional negligence, on the next trial session after a party rests or such other time as the Court may direct, each party(who has the burden of proof) shall furnish the Court and counsel for all parties with a list of the departures from the standards of good and accepted practice which that party asserts were testified to by its expert witness or witnesses. Where the testimony has been transcribed, page references will be required.
Source page 9Motion practice
If there are any outstanding motions (submitted or pending) at the time of the conference/trial, the Principal Law Clerk and/or Judge must be so informed that day and the submission date must be provided by counsel. Copies of such motions should be available to the Court at the time of such conference.
Source page 9Adjournments
With respect to actions which have been settled or otherwise discontinued, counsel must comply with 22 NYCRR 202.28 or sanctions may be imposed. Counsel are reminded of their obligations under §202.28 of the Uniform Rules for Trial Courts to file a stipulation or statement of discontinuance with the Part of the Court to which the matter has been assigned within twenty (20) days of the discontinuance. If a discontinued action is on a trial calendar, a copy of the stipulation or statement shall also be filed with the Clerk of the Trial Part.
Source page 9Adjournments
REASONS FOR ADJOURNMENT: (Affirmation of Engagement must be attached if applicable) ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ __________________________________________________________________
Source page 11Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Nassau County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-2722 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court
Nassau County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Nassau County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Nassau County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Sources
Identity source checked July 28, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System official judicial roster
Identity source · HTML · Source checked July 28, 2026
View New York State Unified Court System official judicial roster ↗Nassau County Supreme Court current roster, IAS Part 12
Courtroom Specific source · HTML · Source checked July 28, 2026
View Nassau County Supreme Court current roster, IAS Part 12 ↗Justice Erica L. Prager IAS Part 12 Rules
Judge Specific source · PDF · Source checked July 28, 2026
View Justice Erica L. Prager IAS Part 12 Rules ↗Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Guide to New York Evidence: Article 1, General Provisions and Court's Role
Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Part 202: Uniform Civil Rules for the Supreme Court and the County Court
Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits
Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction
Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗