Janet C. Malone at a glance
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- Justice
- Jurisdiction
- New York · State
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Janet C. Malone
Justice · Westchester County Supreme Court
Biography
Professional career
- Justice, Supreme Court, Westchester County, Elected, 2017 to 2030
- Justice, New York Supreme Court, Westchester County, NY, 2017-2030
- Judge Malone has participated in public discussions about judicial work, courtroom communication, and the role of court reporters, including a 2026 interview on The Court Reporter Podcast
- Judge, New York Family Court, NY, 2008-2017
- Elected Supreme Court Justice, 9th Judicial District (2016)
- Acting Supreme Court Justice (2011–2016)
- Acting Justice, New York Supreme Court, Westchester County, NY, 2011-2014
- Judge, Westchester County Family Court (elected 2007)
- Assistant District Attorney, Manhattan District Attorney's Office, New York, NY, ?-present
Education
- CUNY Lehman College — J.D. (1989)
- Utica College — B.A. (1986)
Additional information
- Magistrate, New York Family Court, NY, 2003-2007
- 2003: Support Magistrate, Westchester County Family Court.
- Current court assignment: Supreme Court, Westchester County
- Practitioner, Westchester County Law Firm, NY, ?-present
- Practitioner, Private Practice in Bronx and Westchester Counties, NY, ?-present
- New York State Supreme Court in the 9th Judicial District, which includes Westchester, Dutchess, Orange, Putnam, and Rockland counties.
- Birth place: Barbados
Applicable Court Rules & Procedures
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 (33 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Trial exhibits and witnesses
Counsel are expected to be familiar and comply with these PART RULES, Uniform Civil Rules for the New York State Trial Courts, 22 NYCRR § 202.1, et seq., and the Westchester Supreme Court Civil Case Management Rules, effective December 6, 2021 (“CCM Rules”). The Uniform Civil Rules and the CCM Rules control unless the same have not been superseded and/or supplemented by these Part Rules.
Source page 1Adjournments
Correspondence regarding the scheduling of appearances, requests for conference adjournments, and unresolved discovery issues after exercising due diligence, may be submitted to the Court via NYSCEF along with the case caption, index number, and sufficient detail for the Court’s consideration and approval.
Source page 3Filing and working copies
a. NYSCEF OPT-IN: Counsel and self-represented party shall familiarize themselves with the NYSCEF system and statewide E-Filing Rules (§§202.5-b and 202.5bb of the Uniform Rules for the New York State Trial Courts, available at www.nycourts.gov/efile and the Westchester County E-Filing Protocol
Source page 3Communications with chambers
b. NYSCEF OPT-OUT: When a self-represented party has not consented to NYSCEF, counsel shall still submit correspondence via NYSCEF along with proof of service on the self-represented party. The self-represented party shall obtain the assistance of the County Clerk’s Office in filing correspondence with the Court via NYSCEF.
Source page 3Communications with chambers
1. If the matter is not electronically filed via NYSCEF, all correspondence to the Court must be by E-Mail to 9JD-JudgeMalone@nycourts.gov and follow the content rules above for correspondence filed via NYSCEF,
Source page 3Communications with chambers
2. Under no circumstances shall any party and/or attorney copy any third parties on any E-Mail communication to the Court without express permission of the Court.
Source page 3Communications with chambers
3. All E-Mail must be sent on notice to the opposing party and/or attorney.
Source page 3Communications with chambers
A. General Rule: The Court’s calendar will be called at 9:30 a.m. Counsel and self- represented parties are expected to appear for all Court appearances on time. If counsel or a party is unable to appear on time due to unforeseen circumstances he/she must contact opposing counsel and/or party and advise the Park Clerk or Court’s staff by telephone as soon as possible.
Source page 3Adjournments
B. Adjournment of Conferences: A request to adjourn a conference must be made in writing, via NYSCEF and email to 9JD-JudgeMalone@nycourts.gov at least twenty-four (24) hours in advance of a scheduled conference. All applications for adjournments must set forth: 1) 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 or, if on consent, a date all parties are available. All such communications must be copied to all counsel and self-represented parties. The letter request and response, if any, are NOT to be used to advocate a position on the substantive dispute and shall address only the reason that consent for the requested adjournment is being declined. The parties should not assume that the
Source page 3Adjournments
request for adjournment has been granted unless specifically advised by the Court. Please do not request an adjournment from the Court without first speaking to opposing counsel or the other party.
Source page 4Conferences and appearances
2. If the proposed Preliminary Conference Order is received three (3) days in advance of the scheduled Preliminary Conference, the parties need not appear on the date of the Preliminary Conference. The next court appearance would be for a Compliance Conference scheduled by the Court. However, all parties shall appear on the Preliminary Conference date if there is a scheduling issue that needs to be resolved by the Court.
Source page 4Conferences and appearances
1. Who Must Appear: 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 for conferences. Counsel are to be fully familiar with the action as well as all settlement discussions that have previously taken place so that meaningful discussions can be held. To the extent this rule is repeatedly violated, the Court may have to limit appearances by per diem counsel.
Source page 4Conferences and appearances
E. Settlement Conference: The Court may conduct a Settlement Conference approximately thirty (30) days after the Compliance Conference. On or before the date of the Settlement Conference, counsel or self-represented parties must provide the Court and opposing
Source page 4Motion practice
The parties are NOT to make any motion concerning discovery without the express approval of the Court. Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute or complaint about non- disclosure to the Court’s attention. Rather, counsel or a self-represented litigant who believes that discovery is not being conducted in accordance with the Preliminary Conference or other Court Order is to discuss, in good faith, as required by Court Rule §202.7, the claimed noncompliance of counsel or self-represented litigant with the Court Order.
Source page 5Motion practice
b. Written applications by Notice of Motion (or Notice of Petition) must be made returnable on any Wednesday.
Source page 5Motion practice
AUTHORIZED BY THE COURT FOR GOOD CAUSE. See, CPLR R 2214. A request for oral argument should not be construed as an automatic grant of same. Oral arguments are at the discretion of the Court.
Source page 5Motion practice
d. Except by permission of the Court, all motion papers, Orders to Show Cause, and Memoranda of Law, must be typewritten (minimum 12-point type), double- spaced, securely bound and entirely legible. All exhibits must be legible and labeled with external tab markings. Plaintiffs shall designate exhibits by number; defendants shall designate exhibits by letter. Exhibit lettering or numbering should not begin anew for subsequent papers submitted by the same party.
Source page 5Discovery
f. Deposition/Examination Before Trial transcripts included as exhibits must be single, front-faced pages only. Parties are requested not to submit manuscripts.
Source page 5Communications with chambers
g. Unless there are extremely unusual circumstances in which significant prejudice (set forth in detail in a supporting affidavit/affirmation) will result, opposing counsel are to be advised by telephone or fax at least 24 hours in advance of the date and time that any Order to Show Cause, which includes a request for a Temporary Restraining Order or Interim Relief is being presented to the Court.
Source page 6Filing and working copies
h. Working Copies: To be filed only upon the request of the Court.
Source page 6Conferences and appearances
2. Orders, judgments, counter-orders and/or counter-judgments submitted for signature on notice will not be addressed unless an Affidavit of Service and Notice of Settlement for a date designated in accordance with 22 NYCRR § 202.48 has been included.
Source page 6Motion practice
All motions in foreclosure actions must include a proposed order, which disposes of the motion or application for the Court’s signature. If a matter is scheduled for a foreclosure status conference, Counsel must obtain the Court’s permission before filing any motions. In addition to the general provisions included in such orders, the movant shall submit additional provisions as set forth below.
Source page 6Conferences and appearances
Foreclosure and Sale. Appearances by the parties and appointed Referee are required unless: (1)
Source page 7Motion practice
B. Substitution of Referee: Requests to substitute a Referee shall be made by motion to the Court, NOT by letter.
Source page 7Communications with chambers
ORDERED, that within thirty (30) days of the foreclosure sale, the referee shall complete the Foreclosure Action Surplus Monies Form, file the completed Form with the Westchester County Clerk’s Office, and send a copy of the completed Form directly to the Chambers of the
Source page 8Communications with chambers
1. Counsel have an ongoing obligation to advise the Court of any bankruptcy proceedings. If a defendant(s) in a foreclosure action is involved in a bankruptcy proceeding, Counsel must advise the Court immediately, by submitting the most recent PACER Report, along with any orders, to Chambers via NYSCEF.
Source page 8Filing and working copies
H. Requests to Charge. A complete list of requested jury charges drawn from the Pattern Jury Instructions (PJI) of the then current year. Requests to charge must be submitted in Word Document format to the Court at 9JD- JudgeMalone@nycourts.gov and uploaded to NYSCEF. Where deviations from, or additions to, the PJI are requested, the full text of such requests must be submitted, together with any supporting legal authority.
Source page 9Filing and working copies
I. Proposed Verdict Sheet. A proposed Verdict Sheet, jointly prepared by all parties, typewritten and in final form for presentation to the jury shall be submitted. If an agreement cannot be reached between and among the parties as to the questions to be posed to the jury, each party will present a proposed verdict sheet, which will be served upon all the parties. Proposed Verdict Sheets must be submitted in writing and by email in Word Document format to the Court at 9JD-JudgeMalone@nycourts.gov and uploaded to NYSCEF.
Source page 9Trial exhibits and witnesses
C. Objections: Objections to questions at trial are to be 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 for the Objection, the Court will ask for further explanation or invite counsel to approach at side bar.
Source page 9Conferences and appearances
E. Special Accommodations: If any party or attorney needs special accommodations (e.g. assisted listening device(s); accommodations under the Americans with Disabilities Act) counsel or the self-represented party shall notify the Part Clerk at least two weeks of the appearance date, so that timely arrangements can be made.
Source page 10Adjournments
IX. Settled and Discontinued Cases Counsel must notify the Court via NYSCEF of the settlement or withdrawal of any action or proceeding immediately upon such settlement or withdrawal. Please be advised that all Index Numbers must be closed out with a signed Stipulation of Discontinuance or by motion, which shall be filed with the County Clerk so that the matter may be marked disposed.
Source page 10Motion practice
Except in cases when another attorney on consent replaces an attorney, the Court on a motion brought by Order to Show Cause pursuant to CPLR § 321 must approve any change or withdrawal of counsel.
Source page 10Courtroom conduct and technology
The Court expects that the Judge, her Staff, the Part Clerk, the Court Reporter, the Court Officers and all attorneys and parties will be treated respectfully. All attorneys and parties should dress appropriately to conduct business with the Court.
Source page 10Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Westchester 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
Westchester 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
Westchester 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
Westchester 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 27, 2026.
Biography sources checked August 2, 2026.
New York State Unified Court System official judicial roster
Identity source · HTML · Source checked July 27, 2026
View New York State Unified Court System official judicial roster ↗CourtListener judicial biographical directory
Identity source · HTML · Source checked August 2, 2026
View CourtListener judicial biographical directory ↗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 ↗