John B. Licata at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2035
John B. Licata
Supreme Court Justice · Erie County Supreme Court
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Biography
Professional career
- Before joining the bench, Licata was an attorney in personal injury matters at Dolce Panepinto, P.C. (since 2014).
- Justice, Supreme Court, Erie County, Elected, 2022 to 2035
- Justice of the New York Supreme Court, 8th Judicial District, elected in 2021 for a term ending in 2035, and serves as supervising judge of the Civil Division
- He was lead attorney for the Erie County Water Authority Board of Commissioners (2014–2021)
Education
- SUNY-Buffalo, School of Law — J.D. (1992)
Additional information
- Elected on November 2, 2021 and assumed office January 1, 2022.
- Earlier, he worked at HoganWillig (1996–2014) and Brown & Tarantino, LLC (1995–1996)
- M.A. — SUNY-Buffalo — 1995
- B.A. — SUNY-Buffalo — 1988
- Judge Licata presides over cases in the Erie County Supreme Court, covering the 8th Judicial District, which includes Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans, and Wyoming counties.
- Licata is admitted to the bars of New York, Massachusetts, Illinois, and Pennsylvania
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 ↗
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 (30 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
These rules are inherently flexible, by court discretion. You are encouraged to call chambers to discuss your situation in advance of the arrival of the applicable deadline to avoid the expression “Oh dear, what an awkward situation.”
Source page 1Adjournments
The court is aware that all laws bend before Murphy’s Law - so requests for an adjournment are typically granted unless it creates a scheduling problem associated with a hearing date, jury selection, or trial. Please confer with opposing counsel to select mutually acceptable dates to propose to the court for the rescheduled conference or motion. If the adjournment request is not on consent, and both parties have read this court’s local rules, contact chambers and the matter will be promptly handled.
Source page 1Motion practice
To keep court conferences running efficiently, please ensure counsel’s contact information is current on NYSCEF. If counsel wishes to appear by TEAMS, their contact info should be current in the Case Detail tab on the NYSCEF website. The court requires counsel to appear live and in-person for oral argument, first status conference, settlement conferences, and trial. Standard status conferences are virtual unless the court informs counsel otherwise. If parties or counsel do not have access to such technology to appear on such platform, contact the court to make alternate arrangements.
Source page 1Motion practice
motion. Requests for Oral Argument are granted in the discretion of the court with counsel to appear in- person for oral argument unless counsel has obtained prior permission to appear by Teams® videoconference. Counsel with offices more than 90 miles from Buffalo should call regarding appearance.
Source page 2Communications with chambers
Notice of withdrawal of a motion is to be sent by email to Shannon Burke AND Mary Pazik. Within ten days after oral argument of the motion, counsel for the movant shall submit a proposed Order in Microsoft Word® format via e-mail to opposing counsel and to Confidential Law Clerk Todd Bushway, Esq.
Source page 2Filing and working copies
Summary judgment papers: Compliance with rule § 202.8-g is waived and such submissions will not be considered by the court.
Source page 2Conferences and appearances
For all emergency applications: The movant must first contact the court to ascertain a convenient date/time to have the application heard and the order presented for signature and what requirements apply for the court to be fully informed and in a position to review the submission. That may include an in-person appearance by counsel, parties, or other condition.
Source page 2Communications with chambers
The court finds it of tremendous value for each counsel to extend the courtesy of e-mail submissions with PDF copies of their affidavits, affirmations, and briefs [not the exhibits] related to their motion or other applications for relief, addressed to judge and law clerk, addresses above. All supporting exhibits will be reviewed using the NYSCEF platform (See rule III. H., below). However, DO NOT send hard copy duplicates by mail or hand delivery unless otherwise advised. If the documents are too large for an email, then a USB flash drive will be accepted. The court will not access a third-party document management website nor hyperlinks to documents.
Source page 2Filing and working copies
It may come as a surprise that Erie County has a written set of joint protocols for use of New York State Courts E-Filing system. Each attorney should be familiar with the rules which can be found at Erie Protocol (state.ny.us) or (https://iappscontent.courts.state.ny.us./NYSCEF/live/protocols/ErieProtocol.pdf )
Source page 2Filing and working copies
H. Exhibits: In the NYSCEF system, each exhibit must be uploaded as a separate .pdf file. After uploading a primary document, please choose the document type “Exhibit” and enter the appropriate number or letter and a brief description of the exhibit; each exhibit should bear a separate cover sheet clearly marked as “Exhibit A,” “Exhibit B,” etc. “Exhibit A” or “Exhibit B” is unacceptable as a brief description of the exhibit.
Source page 2Communications with chambers
M. Discovery Materials and Correspondence: In the absence of the Court’s permission or stipulation of the parties, no party shall file electronically any correspondence or discovery materials except in the form of excerpts, quotations, or selected exhibits from such materials as part of motion papers, pleadings or other filings with the Court.
Source page 2Filing and working copies
If a stipulation or other document is submitted for court signature, such as a “so ordered” stipulation, please email a PDF version of the document to Todd Bushway, Esq., and Mary Pazik. Relying solely upon NYSCEF may result in a delay in the court receiving and processing the document. Any stipulations or orders with the court signature placed on a separate page will not be signed.
Source page 3Filing and working copies
Please note, no letters to the court are to be uploaded to NYSCEF regarding court cases without prior approval of the court – please email such letters to Ms. Burke or Ms. Pazik and the court will address them.
Source page 3Communications with chambers
Note that 22 NYCRR § 202.11 requires that “Counsel for all parties shall consult prior to a preliminary or compliance conference. . .” Parties are required to discuss discovery issues before conferences to minimize the need for motion practice. Motions respecting discovery disputes must be supported by an affidavit or affirmation of a good faith attempt at resolution (see 22 NYCRR § 202.7 [a]-[c]) before filing a disclosure motion, the party seeking disclosure shall call chambers and schedule a Teams or phone conference.
Source page 3Conferences and appearances
Once a Note of Issue and Certificate of Readiness for Trial (NOI) is filed, then the court will issue a trial scheduling order at the next pre-trial conference. The filing of the NOI is a condition precedent to the court scheduling a trial and issuing a Trial Scheduling Order. The court will not provide a trial date until after the NOI is filed. If you believe you have a basis for a trial date without filing an NOI, please re-read this paragraph slowly and aloud to a colleague and ask for clarification.
Source page 3Motion practice
CHANGE OF ATTORNEY: Any attorney seeking to withdraw from a case MUST FILE A MOTION by order to show cause on notice where the granting of such application would result in the litigant being self-represented. The court will not accept a stipulation where the litigant consents to proceeding pro se.
Source page 4Motion practice
Where the litigant is merely switching attorneys, a stipulation consenting to change attorneys is required and a motion need not be brought.
Source page 4Conferences and appearances
The MPV ADR Court Attorney Referees (CARs) are prohibited from working on a case until order of referral is received at 8jdadr@nycourts.gov, except block settlement cases, where no order of referral is required.
Source page 5Communications with chambers
2. Unless otherwise noted in the order of referral for the MPV ADR Program (the Program), all cases referred to the Program are transferred for the purpose of confidential settlement negotiations with one of the CARs. This confidentiality extends to and includes the referring judge and their chambers.
Source page 5Communications with chambers
3. Before signing an order of referral, judges and their chambers shall ensure that the cases are ready for ADR (for example, that discovery is complete, or that the parties agree that sufficient discovery has been completed to permit meaningful settlement dialogue). Moreover, counsel for all parties must demonstrate to the satisfaction of the referring judge that they are prepared to negotiate in good faith.
Source page 5Communications with chambers
4. Before signing an order of referral, each attorney on the case must fully complete and provide to the referring judge an attorney affirmation (a copy of which is attached). The attorney affirmation must include the correct names and email addresses of the attorneys who will participate in the ADR conference. If an incomplete affirmation is provided to ADR at the time of the referral, the matter will be immediately returned to the referring judge and their chambers.
Source page 5Courtroom conduct and technology
5. An attorney affirmation is not required for cases referred to the Catastrophic Loss Program, but plaintiff must email 8jdadr@nycourts.gov a list of the attorneys participating in ADR and their email addresses.
Source page 6Communications with chambers
6. A referral by chambers to a specific CAR will be honored. If that CAR is unable to accept the referral, then that CAR shall contact the referring judge’s chambers to determine whether the case should be returned to chambers.
Source page 6Communications with chambers
7. The first appearance on a case referred to the Program shall be IN PERSON unless otherwise ordered by the referring judge. The failure of counsel to adhere to the IN PERSON requirement will result in the case being returned to chambers.
Source page 6Communications with chambers
9. If a settlement is not reached, but a demand and/or an offer to settle have been communicated, then the last demand, last official offer, and reason for the return, shall be communicated via email to the referring judge and their chambers at the time the case is returned, unless otherwise ordered by the referring judge.
Source page 6Communications with chambers
10. When a matter is settled, the CAR shall send an email to the referring judge and their chambers within one business day setting forth the settlement terms. The judge shall keep the settlement terms confidential. For the purpose of this protocol, “confidential” means that the terms of the settlement shall not be communicated beyond the judge’s chambers.
Source page 6Conferences and appearances
11. The CAR shall be responsible for recording all settlements in compliance with CPLR 2104. The preferred means to record the settlement are, in
Source page 6Adjournments
12. CARs shall not maintain referred matters beyond 90 days after the first appearance of counsel at MPV without good cause. Generally, after 90 days the matter shall be returned to the referring judge with a written explanation of the status of negotiations and an indication whether any party has engaged in dilatory behavior. “Dilatory behavior” may include, for example, the unnecessary adjournment of conferences, lack of preparedness for a conference, lack of communication with the Program, and any other behavior that impedes efforts to resolve the case.
Source page 7Communications with chambers
13. If one or more of the attorneys or parties wishes to have the posture of negotiations and/or the settlement terms shielded from the referring judge and their chambers, then that request should be made to chambers before the case is sent to the Program. Such deviation from protocols shall be clearly noted in the referring order.
Source page 7Communications with chambers
15. CARs may have ex parte conversations with parties and attorneys as part of the MPV ADR settlement process because although CARs have quasi-judicial titles, they do not function in that capacity in the Program.
Source page 8Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Erie 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
Erie 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
Erie 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
Erie 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 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 ↗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 ↗