Gerald Lebovits at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2031
Supreme Court Justice · New York County Supreme Court
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New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
In New York Supreme Court and County Court civil cases, the court may require indexed trial exhibit binders, notebooks, or electronic equivalents for the court, counsel, and witnesses.
The court may direct that on the first day of trial or at such other time as the court may set, counsel shall submit an indexed binder or notebook, or the electronic equivalent, of trial exhibits for the court's use.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
Civil trial counsel in New York Supreme Court and County Court must confer before trial and attempt to agree on exhibits to be offered without objection, unless the court directs otherwise.
Counsel for the parties shall consult prior to trial and shall in good faith attempt to agree upon the exhibits that will be offered into evidence without objection.Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗
For Commercial Division matters, New York rules encourage Virtual Evidence Courtrooms for managing and presenting trial evidence after authorization by request or court direction.
Virtual Evidence Courtrooms (VECs) may be used to facilitate real-time access to trial exhibits and other relevant documents.Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗
For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements.
For all hybrid proceedings, all electronic appearances shall be projected in the physical courtroom in which the in-person portion of the proceeding is taking place in such a manner as to provide a reasonable opportunity for members of the public to view and hear the participants appearing electronically.Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
3. After motions are fully submitted in the Submissions Part, they are forwarded to Part 7. The court will then decide whether oral argument is warranted. (See Section IV.A, below.) Do not contact chambers or the Part Clerk to request oral argument.
Source page 14. Questions about scheduling matters or requests for adjournments should be directed first to the Part Clerk (whether by telephone or email), rather than to chambers.
Source page 15. No ex parte communications. Emails to chambers must copy all parties who have appeared in the action. Calls to chambers on any matter beyond brief administrative/logistical questions should be made only with all parties on the line.
Source page 16. Counsel may, if necessary, contact chambers by email (copying all parties) to seek guidance on an issue or to request a conference. But litigation by email is disfavored.
Source page 19. Do not call the Part Clerk or chambers for a status update or to ask whether a decision has been issued. All decisions and orders are available online (via NYSCEF or SCROLL).
Source page 12. Counsel presenting argument on a motion should make their case cogently, calmly, and courteously. Remarks should be directed to the court, not to opposing counsel.
Source page 21. Part 7 is an e-filing part. Working (hard) copies in e-filed cases are neither required nor permitted. Any questions about the e-filing system should be addressed to the E-Filing Office at 646-386-3610 or at nyscef@nycourts.gov.
Source page 23. The Submissions Part reviews dockets for adjournment stipulations first thing in the morning each day. As a result, if an adjournment stip is filed in the Submissions Part on the motion’s return date, the Submissions Part might not see the stip. Parties that file an adjournment stip on the return date should check eCourts to make sure that the motion has been adjourned pursuant to the stip. If not, the parties should contact the Part Clerk to ask the court to refrain from deciding the motion until the return date agreed to by the parties.
Source page 26. The motion return date is a submission date only. No appearance is required on a motion return date unless specifically requested by the court.
Source page 28. The first page of every motion paper (notice of motion, opposition, reply, exhibits, etc.) must reflect the applicable motion sequence number.
Source page 29. Counsel should not submit all papers on a motion in a single .pdf file under a single document number. Each e-filed document must have its own, respective document number (e.g., Doc # 15, Notice of Motion; Doc #16, Memorandum of Law; Doc #17, Attorney Affirmation; Doc #18, Affidavit of Facts; Doc #19, Exhibit A, Bill of Particulars; and Doc #20, Exhibit B, Photographs). If the motion is supported by a memorandum of law, the memorandum should precede the attorney affirmation and attached exhibits.
Source page 210. Each exhibit must be numbered. References to exhibits must identify the exhibit’s NYSCEF docket number and the exact page being cited within the exhibit. All e-filed exhibits must be described in the exhibit’s docket entry (e.g., Exhibit A, Bill of Particulars; Exhibit B, Photographs) to allow the court to ascertain what document is filed in the exhibit.
Source page 211. Once motions are fully submitted, parties may not file further submissions without leave of court (to be requested by email to chambers with copies to all parties). Post-submission filings are strongly discouraged.
Source page 21. Proposed OSCs should be e-filed in all cases in which e-filing is permitted. Any questions about e-filing of OSCs should be directed to the Ex Parte Office at 646-386-3125.
Source page 32. After proposed OSCs have been filed, they are reviewed for form by the Ex Parte Office before they are provided to the Part. Absent exigent circumstances, the court will not sign or otherwise act on an OSC prior to receiving it from the Ex Parte Office following that office’s review for form.
Source page 34. Typically, upon receiving an OSC with a request for interim relief, the court will seek expedited letter briefing from the parties on why interim relief should be granted or should be denied. If it appears from that letter briefing that a telephonic or teams conference with the court is warranted on the request for interim relief, chambers will contact the parties by email to schedule a conference, and, following the conference, will resolve the request for interim relief accordingly.
Source page 35. Notwithstanding OSCs’ typical language about requiring the nonmoving party to show cause at a particular time and place why the requested relief should not be granted, no appearance—personal or virtual—is required or permitted on the submission date of an OSC unless an appearance is specifically requested by the court.
Source page 3Motions to renew or reargue must include a copy of the court’s original decision and, in non-e-filed cases, the papers submitted on the original motion. In e-filed cases, renewal/reargument motions need not attach the papers submitted on the original motion. No oral argument on these motions will be entertained.
Source page 3Disclosure motions are discouraged. If a disclosure dispute arises, a party may, instead of filing a motion, request an expedited conference by calling or emailing the Part Clerk or chambers. Conferences requested on an expedited basis will be granted only at the court’s discretion. Expedited conferences, when held, will be conducted by telephone.
Source page 3Summary-judgment motions must be made no later than 60 days after filing the note of issue unless the court has set a different deadline by order or has granted a request to extend the original 60-day deadline. Counsel’s affirmation in support must include the note of issue filing date. If the court has set a motion deadline longer than 60 days after the note of issue, or granted an extension of a 60-day deadline, counsel’s affirmation in support must include the governing motion deadline and state when the court set a longer deadline or granted an extension.
Source page 3Disclosure must continue while a CPLR 3212 or CPLR 3213 motion is pending, unless the court specifically directs otherwise.
Source page 3If the parties agree before a scheduled status conference that disclosure is complete, the plaintiff should file the note of issue and notify the Part Clerk by telephone or email. The Part Clerk will then remove the conference from the calendar.
Source page 41. This Part’s practice is to ask parties, to the extent possible, to agree upon the terms of the conference order in advance of the scheduled conference date so that no conference need be held. The court will conduct conferences only in the event of a disagreement or other discovery-related issue that the parties need the court’s assistance in resolving. Discovery conferences, when they occur, will be conducted by telephone.
Source page 42. Approximately 7-10 days in advance of the scheduled conference date, the Part Clerk will send the parties a blank conference-order form and instructions. The order form and instructions will be emailed to those counsel who have filed appearances on NYSCEF.
Source page 43. Upon receiving the order form/instructions, the parties should confer with each other; to the extent possible, agree on the terms of a proposed conference order; and email the joint proposed order back to the Part Clerk for the court’s review no later than three days prior to the scheduled conference date.
Source page 44. If the parties believe that an adjournment of the conference is needed, the parties may request an adjournment by email to the Part Clerk. Adjournment-related emails to the Part Clerk should specify the basis for the adjournment (e.g., no conference instructions were received;
Source page 45. If the parties believe that a conference with the court is required, they should notify the court by email to the Part Clerk. That email should identify and briefly describe the nature of the disagreement or other issue that the parties believe warrants a conference. Upon reviewing that email, the court will decide whether a telephonic conference is required or whether the disagreement can be resolved by email alone. If the court concludes that a telephonic conference is needed, the court will consult with counsel about a suitable day and time to hold that conference.
Source page 46. No appearance (virtual or otherwise) is required unless and until the Part Clerk or chambers notifies the parties that they are to appear for a conference at a specific date and time. If the conference date appearing on eCourts is approaching and the parties believe they have not received a conference-order form/instructions, they should email the Part Clerk to request guidance—after double-checking that no email was received by the attorney(s) with appearances entered on NYSCEF in the case.
Source page 41. Conference orders may be filled out electronically, or completed by hand and then scanned. If hand-writing the order, please write legibly. Indicate the names and firms/offices of all counsel involved in preparing the conference order.
Source page 42. In a Preliminary Conference form, all items must be completed or marked “n/a” if not applicable.
Source page 54. The order as submitted to the court should include a proposed date for the next conference and, if necessary, a proposed extension of the note-of-issue deadline.
Source page 5Part 7 ordinarily does not play a role in setting an action’s trial date beyond adjudicating motions for a trial preference. Trial dates are instead set by Part 40. Questions about when a matter will be sent out for trial should be directed to SFC-Part40-Clerk@nycourts.gov, rather than to the Part 7 Part Clerk or chambers.
Source page 51. Upon the first appearance before this court, the parties must furnish a list of proposed witnesses, including the need for any interpreters, with the required language and dialect; an estimate of required trial days; all marked pleadings and bills of particulars; all decisions in the case, including any appellate decisions; any notices to admit; copies of those portions of EBTs intended for use at trial for any purpose; a trial memorandum not to exceed five pages briefly setting forth the party’s position and the relevant factual and legal issues to be tried, citing relevant case law; and two business cards for each attorney.
Source page 52. Before the start of trial, the parties must furnish all in-limine or other motions and applications. All motions in limine must be presented in writing to the court as soon as practicable or as specifically scheduled at any pretrial conference, with a copy to all parties.
Source page 5Any motion or application must include citations to relevant authority.
Source page 55. Trial dates scheduled by the court are firm and may be adjourned only upon application based upon an emergency. Trials are held every day except Wednesday. No adjournments will be granted if a witness is unavailable to testify unless the court concludes, in rare instances, that good cause exists.
Source page 51. Proposed jury charges and verdict sheets must be submitted simultaneously in Word to Mr. Shawhan at mhshawha@nycourts.gov and to opposing counsel. Parties are strongly encouraged to submit proposed jury charges and verdict sheets well in advance of the end of trial.
Source page 52. If the proposed jury instructions are taken verbatim from the Pattern Jury Instructions, PJI section numbers suffice. If a PJI instruction is not verbatim or requires characterizing or describing the evidence or the parties’ contentions, or if the language is not based on the PJI, the exact requested language, together with the authority for it, must be submitted. To avoid confusion or miscommunication among the court and counsel, the parties should work from the most recent PJI edition when proposing jury instructions.
Source page 6New York County Supreme Court
State criminal proceedings only; section-specific court and case exceptions remain applicable.
Official source ↗ · Collected 2026-10-27New York County Supreme Court
Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable.
Official source ↗ · Collected 2026-10-27New York County Supreme Court
Civil Branch proceedings in New York County Supreme Court only; not criminal proceedings. Preserve source version and check later judge/part instructions.
Official source ↗ · Collected 2026-10-27New York 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 2026-07-26New York County Supreme Court
Scope is limited to the court class in the source claim. Shared court context only; case-type restrictions, exceptions, later amendments and case orders apply. This is not a personal preference or a complete rules inventory.
Official source ↗ · Collected 2026-07-26Identity source checked July 26, 2026.
Biography sources checked August 2, 2026.
Identity source · HTML · Source checked July 26, 2026
View New York State Unified Court System Judicial Directory official judicial roster ↗Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗Statewide source · HTML · Source checked July 26, 2026
View Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗Statewide source · HTML · Source checked July 26, 2026
View Guide to New York Evidence: Article 1, General Provisions and Court's Role ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202: Uniform Civil Rules for the Supreme Court and the County Court ↗Statewide source · HTML · Source checked July 26, 2026
View Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits ↗Statewide source · HTML · Source checked July 26, 2026
View Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction ↗