Gary M. Carlton at a glance
- Current role
- Supreme Court Justice, IAS and Trial Part 23
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2030
Gary M. Carlton
Supreme Court Justice, IAS and Trial Part 23 · 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 November 2023 and serving until 2030
- Judicial Service: Appointed to Nassau County District Court in 2019 held the role of District Court Judge (2020–2024) Elected to Supreme Court Justice in 2023
- Legal Practice: Attorney at Goldberg & Carlton, Manhattan (1984–2019)
Education
- Albany Law School — J.D. (1979)
- George Washington University — B.A. (1976)
Additional information
- focusing on personal injury cases Deputy Attorney for the Village of Valley Stream (2010–2017)
- For case-specific information, the official Nassau County Supreme Court judge page provides dockets and procedural rules
Gary M. Carlton Procedures & Courtroom Rules
Exhibits
Judge Specific
For an expedited jury trial before Justice Carlton, each side must exchange and deliver its exhibit book at least one week before trial and provide six documentary-evidence packets for the jury.
Each party shall provide its exhibit book to the opposing party and the Court at least one week prior to the trial. The parties shall provide six packets of their documentary evidence for the jury.Justice Gary M. Carlton IAS Part 23 Expedited Jury Trial Rules ↗
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 ↗
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 ↗
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 (34 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Communications with chambers
Correspondence: Ex parte communications are strictly prohibited. Parties may contact chambers by email at JudgeCarltonRemote@nycourts.gov provided all other parties are copied. However, no correspondence may raise substantive issues or discuss the facts of the case without prior approval from the Court. Unsolicited communications that violate this rule will be disregarded.
Source page 1Communications with chambers
Repeated violations may result in sanctions. Faxes to chambers are not permitted unless prior authorization is obtained.
Source page 1Communications with chambers
Telephone Calls: Except as provided below, telephone calls to chambers are permitted only in emergency situations requiring immediate attention. In such situations only, chambers may be contacted at the number listed above.
Source page 1Conferences and appearances
Appearances: All appearances shall be made by attorneys with knowledge of the facts and authority to enter into stipulations and/or dispositions which bind their respective clients (22 NYCRR 202.1 [f], [g]). Failure to comply with this rule or the failure to appear in a timely fashion may subject counsel to sanctions pursuant to 22 NYCRR 202.27 and/or 22 NYCRR Part 130. Attorneys shall conduct themselves in accordance with the rules set forth in 22 NYCRR 700.4, the Rules of Professional Conduct, and the NYS Standards of Civility. This Part requires all attorneys to treat one another, litigants, and court personnel with professionalism and respect.
Source page 1Communications with chambers
If an action is settled, discontinued, or otherwise disposed of, counsel must promptly notify the Court. Notification shall be made by filing of the stipulation or a letter on NYSCEF. Counsel shall also notify chambers via email (see 22 NYCRR 202.28 [a]).
Source page 2Motion practice
All counsel, including self-represented litigants, have a continuing obligation to promptly notify the Court in writing if an action is settled or discontinued, if a case or motion becomes wholly or partially moot, or if a party dies or files for bankruptcy. Such notification must be made in writing to the Court (see 22 NYCRR 202.28 [b]).
Source page 2Discovery
Preliminary Conferences: Preliminary conferences will be held according to the rules set forth on the court website. Depositions must be scheduled and held within 120 days of the date of the preliminary conference. The Court expects parties to strictly adhere to the schedule set forth in the preliminary conference order. All dates and deadlines contained in the preliminary conference order (including deposition/EBT dates) MAY NOT be changed without prior approval of the Court.
Source page 2Discovery
“Counsel for all parties shall consult prior to a Preliminary or Compliance Conference about (i) resolution of the case, in whole or in part; (ii) discovery, including discovery of electronically stored information, and any other issues to be discussed at the conference, (iii) the use of Alternate Dispute Resolution to resolve all or some issues in the litigation; and (iv) any voluntary and informal exchange of information that the parties agree would help aid early settlement of the case. Counsel shall make a good faith effort to reach an agreement on these matters in advance of the Conference” (22 NYCRR 202.11).
Source page 2Conferences and appearances
Compliance Conferences: The compliance conference date will be scheduled in the preliminary conference order. Compliance conferences shall be scheduled for a Monday or Tuesday at 9:00
Source page 2Adjournments
Certification Conferences: Pursuant to the rules of the Administrative Judge, a certification conference shall be held prior to the filing of the note of issue. The conference must take place no later than 90 days before the deadline for completion of disclosure set forth in the preliminary conference order. There shall be no adjournments of certification conferences without prior approval of the Court. Certification conferences shall be scheduled for a Monday or Tuesday at
Source page 2Adjournments
A. Return Date and Adjournments: All motions must be made returnable on a Monday or Tuesday at 9:00 A.M. AN IN-PERSON ORAL ARGUMENT IS REQUIRED FOR ALL MOTIONS. Parties should contact the courtroom clerk with any questions regarding return dates and adjournments. Subject to approval by the Court, adjournments may be obtained by filing a stipulation executed by all parties.
Source page 3Adjournments
Any time an adjournment is requested, parties must first seek the consent of their adversary. If the adversary does not consent, the party requesting the adjournment must contact chambers for a ruling prior to the return date.
Source page 3Filing and working copies
B. General Guidelines: All papers, including reply papers, must be filed no later than 5:00 p.m. on the business day immediately preceding the return date. Absent express permission in advance, surreply papers are not permitted. Materials submitted in contravention of this rule will not be read or considered (see 22 NYCRR 202.8-c).
Source page 3Communications with chambers
Motions on the calendar may be withdrawn by correspondence or submission of a stipulation signed by all parties.
Source page 3Motion practice
Parties are directed to review 22 NYCRR 202.8-b regarding the length of motion papers. This rule must be adhered to strictly. Lawyers who ignore or disobey this rule may be subject to sanctions including, but not limited to, the striking of all their papers on the motion.
Source page 3Motion practice
For non-NYSCEF cases, all motions and related papers (including opposition and reply) must be filed with the County Clerk. Each set of moving papers, opposition papers, and reply papers must contain an active email address for the author of the papers and the adversary/adversaries.
Source page 3Communications with chambers
C. Ex Parte Applications/Orders to Show Cause: Orders to show cause must comply with 22 NYCRR 202.7 (d) and 202.8-d. Proof of service must be filed at least two business days prior to the return date of the order to show cause.
Source page 3Adjournments
D. Cross-Motions: Filing of a cross-motion with a stated return date that is beyond the return date of the original motion will not adjourn the original motion.
Source page 4Motion practice
E. Summary Judgment: Pursuant to CPLR 3212(a) motions for summary judgment shall be made no later than 60 days after the filing of the note of issue.
Source page 4Motion practice
g. Opposing parties must submit a responsive statement consistent with former 22 NYCRR 202.8-g(b). Failure to comply may result in denial of the motion or in all uncontroverted facts being deemed admitted.
Source page 4Motion practice
F. Discovery Motions: All discovery motions must include an affirmation of good faith that strictly complies with 22 NYCRR 202.7(c). Failure to comply will result in denial of the motion. As stated above and set forth in 22 NYCRR 202.20-e, parties are expected to strictly adhere to all discovery deadlines. In accordance with 22 NYCRR 202.20-f, parties must meet and confer in good faith before seeking judicial intervention or filing a discovery motion. This Part does not accept a single letter as a sufficient good faith effort unless it is part of a documented exchange demonstrating genuine dialogue among counsel, rather than a one-sided statement or threat.
Source page 4Communications with chambers
Although prior approval is not required to file a discovery motion, the Court encourages counsel to raise discovery issues with chambers to explore resolution before proceeding with motion practice.
Source page 4Conferences and appearances
Jury Trials: A pretrial conference shall be held immediately prior to the commencement of all jury trials. At the conference, counsel shall provide the Court with marked pleadings, amendments thereto, and all bills of particulars. Counsel must also submit proposed jury charges and verdict sheets. A list of all pre-marked exhibits shall be provided to both the Court and the stenographer.
Source page 4Motion practice
At the conference, counsel shall advise the Court and opposing counsel of any motions in limine, along with supporting statutes or case law. Counsel must also identify any exhibits for which stipulation to admissibility cannot be reached. Additionally, counsel shall inform the Court of the
Source page 4Discovery
witnesses they intend to call at trial, and, if any witness is expected to testify as an expert, provide the disclosures required under CPLR 3101(d)(1)(i).
Source page 5Trial exhibits and witnesses
Except as otherwise permitted by the CPLR, subpoenaed records for trial must be sent to the Subpoenaed Records Room. Trial authorizations should be filled out accordingly. It is the responsibility of counsel to ensure that the subpoenaed records have arrived at the courthouse before trial.
Source page 5Trial exhibits and witnesses
Counsel must notify the Court if a witness requires a language interpreter as soon as the case is assigned so that timely arrangements can be made.
Source page 5Trial exhibits and witnesses
Malpractice Departures: In cases involving claims 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 applicable care 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 5Conferences and appearances
Non-Jury Trials: Non-jury trials are subject to scheduling upon 48 hours’ notice. A conference with the Court shall precede the commencement of all non-jury trials at which counsel shall provide the following: (1) marked pleadings and bills of particulars; (2) a list of pre-marked exhibits and identification of those on which counsel could not agree as to their introduction at trial; (3) a list of witnesses and if any are experts, the information required by CPLR 3101(d)(1)(i); and (4) pretrial memoranda of law. The parties shall be required to provide a transcript of the trial.
Source page 5Adjournments
The filing of a note of issue is a condition precedent to the commencement of any trial. It is the obligation of the parties to contact the Court 48 hours prior to the start of the trial to confirm all parties will appear. Failure to contact the Court may result in the trial date being adjourned.
Source page 5Filing and working copies
A. Compromise Applications: All applications for court approval of a proposed compromise of an infant or other disabled party’s claim must be submitted through the Infant Compromise Clerk. All applications must comply with CPLR 1207, 1208 and 22 NYCRR 202.67. The Court will not accept medical reports/affidavits executed more than six months prior to the submission date. The report must indicate whether the injured plaintiff has fully recovered, and if not, the nature and extent of the injuries and the costs of future treatment. Since the Court may direct that notice of the application be given to all persons who possess claims against the proceeds recoverable under the compromise, including those with statutory liens, the names and addresses of all such persons and the amount of their prospective claims must be set forth in the petition. If no person has asserted such a claim, the petition must so state. Once the submissions are complete, a hearing shall be scheduled by the Court.
Source page 5Filing and working copies
B. Hearings/Inquests: All hearings and inquests arising from cases in Part 23 inventory shall be scheduled by the Court. The filing of a note of issue is a condition precedent to the commencement of any inquest.
Source page 6Adjournments
C. Sanctions: The Court will not entertain an application for sanctions unless the moving party has first requested the withdrawal or discontinuance of the offending act or action, or demanded that the required or necessary action be taken, and such request has been refused. Proof of this request must be included as part of the sanctions application.
Source page 6Conferences and appearances
E. Mandatory Alternative Dispute Resolution (ADR): All cases will be scheduled for a mandatory settlement/ADR conference to be held following the preliminary conference. Further, a post-certification settlement conference will be held before the case is scheduled to appear in the DCM Part. Counsel appearing for these conferences must have settlement authority and knowledge of the case. Parties may notify the Court at any time if they are interested in a referral for a mediation session with a neutral or JHO as part of the Civil Case/Commercial ADR Program. As a general matter, counsel appearing at any conference should be prepared to discuss settlement.
Source page 6Shared 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 and Trial Part 23
Courtroom Specific source · HTML · Source checked July 28, 2026
View Nassau County Supreme Court current roster, IAS and Trial Part 23 ↗Justice Gary M. Carlton IAS Part 23 Expedited Jury Trial Rules
Judge Specific source · PDF · Source checked July 28, 2026
View Justice Gary M. Carlton IAS Part 23 Expedited Jury Trial 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 ↗