--- title: "Kelly A. Vacco | KnowJudges" canonical: "https://knowjudges.com/kyj/judge/kelly-a-vacco" page_type: "judge_profile" updated: "2026-07-26" --- # Kelly A. Vacco Erie County Supreme Court · Supreme Court Justice ## Profile - Court: Erie County Supreme Court - State: New York - Role: Supreme Court Justice - Service status: active - Last verified: 2026-07-26 ## Summary Official statewide and applicable court procedural guidance applies to this judge. ## Before you appear - Read the judge-specific standing order first when one is listed. - Check the docket and case orders for requirements that supersede broader guidance. - Confirm current remote-access and courtroom technology arrangements before the proceeding. ## Courtroom Rules ### recording and photography Scope: statewide New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms. Evidence excerpt: 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 obtained [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) Source checked: 2026-07-26 ### evidence presentation control Scope: 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. Evidence excerpt: 1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCE [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) Source checked: 2026-07-26 ### trial exhibit books Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### exhibit marking Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### virtual evidence courtroom Scope: 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. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) Source checked: 2026-07-26 ### electronic appearances Scope: statewide For New York criminal proceedings, virtual and hybrid appearances are governed by Part 200 consent, objection, public-access, and calendar-update requirements. Evidence excerpt: 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](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) Source checked: 2026-07-26 ## Sources - [Official profile](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [Official roster](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [New York State Unified Court System Judicial Directory official judicial roster](https://iapps.courts.state.ny.us/judicialdirectory/JudicialDirectory) - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true) - [Guide to New York Evidence: Article 1, General Provisions and Court's Role](https://www.nycourts.gov/judges/evidence/1-GENERAL/1-generalprovisions.shtml) - [Part 202: Uniform Civil Rules for the Supreme Court and the County Court](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 202.70 Commercial Division Rules: Virtual Evidence Courtrooms and Trial Exhibits](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court) - [Part 200: Uniform Rules for Courts Exercising Criminal Jurisdiction](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction) ## JSON-LD ```json { "@context": "https://schema.org", "@graph": [ { "@type": "WebPage", "@id": "https://knowjudges.com/kyj/judge/kelly-a-vacco", "url": "https://knowjudges.com/kyj/judge/kelly-a-vacco", "name": "Kelly A. 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See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Motion practice All other special term Motions, Petitions, or Orders to Show Cause shall be made returnable on Tuesdays at 2:00 p.m. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Filing and working copies Strict adherence to filing deadlines set forth in CPLR 2214 (b) is required. No sur-reply papers should be filed; they will NOT be considered by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Adjournments Adjournments: motions can only be adjourned a limited number of times upon Court permission (even with consent of all parties). To request an adjournment, counsel must do so in an email to the Court Clerk and Secretary, with all other counsel copied on the request (do not call the court to adjourn a motion). If granted, the motion shall be immediately rescheduled. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Communications with chambers Oral Argument: In-person oral argument is required for all contested special term motions, petitions, and orders to show cause UNLESS: (1) otherwise directed by the Court; (2) there is no opposition to the requested relief; or (3) the motion/OSC has been properly brought ex parte. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Motion practice Motions to Compel: all FIRST return dates shall be conducted via Microsoft Teams with the Confidential Law Clerk. A 22 NYCRR 202.7 affidavit of good faith showing that the parties have made prior efforts—including a phone call—to resolve the discovery dispute SHALL be filed with every motion to compel, or the motion may be summarily denied. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 1 · Collected 2026-10-27 #### Motion practice Proposed orders following motion decisions must be filed via NYCEF by the prevailing party within ten (10) days of the Judge’s ruling, regardless of whether the ruling was provided orally or in writing. If directed by the Court, a copy of the decision portion of the transcript must be attached to the proposed order. Any objections to a proposed order must be sent via email to the Court Clerk and Confidential Law Clerk within seven (7) days of the proposed order having been filed, and all counsel must be copied on the email. If unable to be resolved after a conference, then any objection to a proposed order shall be settled pursuant to Uniform Rules for the New York State Trial Courts § 202.48. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances First case conferences will be scheduled via Microsoft Teams within forty-five (45) days of the Court receiving the RJI. Further compliance/status conferences will be scheduled as needed or upon request. All conferences will be with the Judge or Confidential Law Clerk and typically will be held via Microsoft Teams, but the Court may require an in-person conference. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments Adjournments: conferences can only be adjourned a limited number of times upon Court permission (even with consent of all parties). To request an adjournment, counsel must do so in an email to the Confidential Law Clerk, the Secretary, all other counsel. If granted, the conference shall be immediately rescheduled. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments Trials may be adjourned by the Judge only. Hearings may be adjourned by the Judge or Confidential Law Clerk. Motions in Limine will be scheduled a reasonable period of time in advance of trial, typically about a week before jury selection begins. Proposed Jury Instructions and Verdict Sheet must be emailed to the Secretary and Confidential Law Clerk two (2) weeks prior to the start of Jury Selection, and current PJI numbers must be used. Expert disclosure shall be made thirty (30) days before trial, absent good cause shown. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Discovery 1. The party seeking to limit disclosure shall subpoena to Court the records for in camera review. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Discovery 2. The party seeking to limit disclosure must simultaneously subpoena those records to their office. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Discovery 3. Once the party seeking to limit disclosure has received a copy of the records, they shall submit a privilege log consistent with CPLR §3122(b) and a copy of the Bill of Particulars on notice to opposing counsel within 14 days. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Discovery 4. The party seeking disclosure shall have fourteen (14) days from receipt of the privilege log and Bill of Particulars to submit any additional argument to the court that the records referenced in the privilege log are subject to disclosure. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2025.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments SCI and Order of Protection paperwork/information MUST be submitted to the Court Clerk twenty-four (24) hours prior to the Court appearance. Failure to do so may result in the matter being adjourned by the Court. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances When there is a pending criminal matter, all FIRST appearances for O Docket cases (i.e., Family Offense Petitions) shall be scheduled for an in-person appearance with clients at the same time that the criminal matter has been made returnable. Teams conferences can be requested. After the FIRST appearance, no further appearance dates will typically be scheduled until the criminal matter has been fully resolved. After the criminal matter is resolved, the Court will email counsel with the resolution and ask if the O docket can be withdrawn given the criminal disposition, which often results in the issuance of an order of protection. If no response is received, the Court will dismiss the O Docket. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 1 · Collected 2026-10-27 #### Conferences and appearances All FIRST appearances on V Docket cases will be in-person with clients. Subsequent conference dates shall be via Teams and will be “attorneys only”, unless otherwise directed by the Court. For any treatment updates, please email the Court’s Resource Coordinator, Tara Kushnir. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 1 · Collected 2026-10-27 #### Motion practice Summary Judgment Motions shall be made returnable on Tuesdays at 9:30 a.m. All other special term Motions, Petitions, and Orders to Show Cause shall be made returnable on Tuesdays at 11:30 a.m. or 2:00 p.m. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments Motions may be adjourned only a limited number of times upon permission of the Court, unless all parties file a stipulation to adjourn at least 24 hours in advance of the return date, at which time a new motion return date will be provided by the Court via email. Please send any adjournment requests via email to all counsel, the Confidential Law Clerk, and the Court Clerk. DO NOT FAX or leave voicemails requesting adjournments. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Communications with chambers In-person oral argument is required for all contested special term motions, petitions, and orders to show cause UNLESS: (1) otherwise directed by the Court; (2) there’s no opposition to the requested relief; or (3) if the motion/OSC has been properly brought ex parte. The Court may notify counsel as least 24 hours in advance of the return date if a motion/petition/order to show cause will be heard via Microsoft Teams, or if the Court has decided to rule on the papers without argument. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Motion practice Motions to Compel: all FIRST return dates shall be conducted via Microsoft Teams with the Confidential Law Clerk (please make sure the Court has the email address of the handling attorney). A 22 NYCRR 202.7 affidavit of good faith, showing that the parties have made prior efforts—including a phone call—to resolve any discovery dispute SHALL be filed with every motion to compel, or the motion may be dismissed. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Motion practice Proposed orders following motion decisions must be filed via NYCEF by the prevailing party within ten (10) days of the Judge’s ruling. If directed by the Court, a transcript of the oral decision must be attached to the proposed order. Any objections to the proposed order must be sent via email to the Confidential Law Clerk within seven (7) days of the filing of the proposed order, and all counsel must be copied on the email. If unable to resolve after a conference, then any objection to a proposed order shall be settled pursuant to Uniform Rules for the New York State Trial Courts § 202.48. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Conferences and appearances First case conferences will be scheduled via Microsoft Teams within forty-five (45) days of the Court receiving the RJI. Further compliance/status conferences will be scheduled as needed or upon request. All conferences will be with the Judge or Confidential Law Clerk and typically will be held via Microsoft Teams, but the Court may require an in-person See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 2 · Collected 2026-10-27 #### Adjournments conference. As with motions, conferences can only be adjourned a limited number of times upon Court permission (even with consent of all parties). To request an adjournment, counsel must email all other counsel, the Confidential Law Clerk, and the Secretary. If granted, the conference shall immediately be rescheduled. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 #### Adjournments Trials may be adjourned by the Judge only. Hearings may be adjourned by the Judge or Confidential Law Clerk. Motions in Limine will be scheduled a reasonable period of time in advance of trial, typically about a week before jury selection begins. Proposed Jury Instructions and Verdict Sheet must be emailed to the Secretary and Confidential Law Clerk two (2) weeks prior to the start of Jury Selection, and current PJI numbers must be used. Expert disclosure shall be made thirty (30) days before trial, absent good cause shown. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery • The party seeking to limit disclosure shall subpoena the records to the Court for in camera review. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery • The party seeking to limit disclosure must simultaneously subpoena those records to their office. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery • Once the party seeking to limit disclosure has received a copy of the records, they shall submit a privilege log consistent with CPLR §3122(b) and a copy of the Bill of Particulars on notice to opposing counsel within 14 days. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 #### Discovery • The party seeking disclosure shall have fourteen (14) days from receipt of the privilege log and Bill of Particulars to submit any additional argument to the court that the records referenced in the privilege log are subject to disclosure. See document heading and cited passage; do not apply outside the issuing part or proceeding. [Official rules document](https://www.nycourts.gov/LegacyPDFS/courts/8jd/pdfs/IAS_Rules/JudgeVacco2026.pdf) · Source page 3 · Collected 2026-10-27 ### Shared court rules - [22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction](https://knowjudges.com/courtroom-rules/ny-shared-set-5e0f997e8c334d15fbc4) — State criminal proceedings only; section-specific court and case exceptions remain applicable. [Official source](https://www.nycourts.gov/rules/part-200-uniform-rules-courts-exercising-criminal-jurisdiction). Collected 2026-10-27. - [22 NYCRR Part 202 — Uniform Civil Rules Supreme Court And County Court](https://knowjudges.com/courtroom-rules/ny-shared-set-bf1c7eb9020e52eed65d) — Civil actions and proceedings only; section-specific and specialized-part restrictions remain applicable. [Official source](https://www.nycourts.gov/rules/part-202-uniform-civil-rules-supreme-court-and-county-court). Collected 2026-10-27. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-99a7824bb8e009643f842c03) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26. - [Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings](https://knowjudges.com/courtroom-rules/national-shared-set-34fe480ab82f22fa3c31d257) — 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](https://www.nycourts.gov/rules/part-29-electronic-recording-and-audio-visual-coverage-court-facilities-and-court-proceedings?from_node=15921&topic=386&wrapped=true). Collected 2026-07-26.