Michael G. Hayes at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2028
Michael G. Hayes
Supreme Court Justice · Dutchess County Supreme Court
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Biography
Professional career
- Acting Justice, New York Surrogate's Court, Dutchess County, NY, 2021-present
- Judge, New York Justice Court, LaGrange, NY, 2014-2018
- Legal Career: Assistant District Attorney, Manhattan DA’s Office (1993–1997) Associate, Van DeWater & Van DeWater LLP (1997–2001) Partner, Daniels, Porco & Lusardi LLP (2001–2012) Principal Court Attorney, Dutchess County Supreme Court (2012 onward) Town Judge, LaGrange (2014–2018)
- Partner, Daniels, Porco and Lusardi, LLP, NY, 2001-2011
- Assistant District Attorney, Manhattan District Attorney's Office, NY, 1993-1997
- Acting County Court Judge (as listed in court rules)
Education
- cum laude — Albany Law School — 1993
- Economics, magna cum laude — Iona College — 1990
Additional information
- He presides primarily in the Dutchess County Surrogate’s Court and has been assigned as an Acting Supreme Court Justice since 2021
- Surrogate, New York Surrogate's Court, Dutchess County, NY, 2018-2028
- 20, 2026), a real‐property matter presided over by Judge Hayes
- Practitioner, NYS Unified Court System, NY, 2012-2018
- Practitioner, Van DeWater and Van DeWater, LLP, 1997-2001
- Judge Michael G. Hayes serves in multiple judicial capacities within New York’s 9th Judicial District, which includes Dutchess, Orange, Putnam, Rockland, and Westchester counties.
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 (55 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
Part 207 of the Uniform Rules: Parties are directed to familiarize themselves with the Uniform Rules for Surrogate’s Court, found in Part 207 of the Uniform Rules for the New York State Trial Courts. The Part 207 Rules shall apply to the Dutchess County Surrogate’s Court unless explicitly directed otherwise in these Part Rules.
Source page 1Communications with chambers
A. Correspondence - Correspondence to the Court and Clerk shall be copied to all adversaries and must include the File/Index Number. Correspondence between the parties shall not be copied to the Court unless otherwise directed, or where there is some specific judicial purpose to be served by transmitting copies to the Court.
Source page 1Communications with chambers
B. Telephone Calls - Telephone calls to Court staff should be limited to situations requiring immediate attention that cannot otherwise be attained by correspondence.
Source page 1Communications with chambers
C. Faxes - The Court will not accept faxed copies of papers that must otherwise be filed in original form (such as objections, petitions, proofs of service, motions, opposition to motions, replies, proposed Orders, and documents to be “So Ordered”). All faxes must be faxed simultaneously to all other parties. Faxed correspondence shall not exceed three (3) pages in length.
Source page 1Communications with chambers
D. Ex Parte Communications - Ex parte communications are prohibited except when an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations, or when authorized by statute.
Source page 1Adjournments
A. Adjournment of Conferences - Adjournment of conferences may be requested on consent of all parties. Even if a requested adjournment is on consent, the request must also be approved by the Court before it will be deemed granted. The party requesting an adjournment must deliver the adjournment request to the Court, on notice to all parties. A request to adjourn a conference should be delivered to this Court at least 48 hours prior to the scheduled appearance. Unless good cause is shown, no more than two adjournments of a conference shall be permitted on any matter.
Source page 2Adjournments
(1) identify the current date of the scheduled conference; (2) identify the number of adjournments that have previously been requested, if any; (3) state whether the request is made on consent of all counsel; and, (4) identify the proposed adjourned date.
Source page 2Adjournments
(1) On consent: The party seeking the adjournment of a motion with the consent of the other parties shall notify the Court in writing of the agreed upon adjournment date at least 24 hours prior to the return date. Even if a requested adjournment is on consent of all parties, the request must also be approved by the Court before it will be deemed granted.
Source page 2Adjournments
(2) Without consent: A party requesting an adjournment without consent of the other parties shall submit a letter to the Court at least 48 hours prior to the return date providing good cause as to why the adjournment should be granted.
Source page 2Filing and working copies
A. E-Filing Protocols: Counsel and self-represented litigants shall familiarize themselves with the 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 Joint Protocols for New York State
Source page 2Filing and working copies
General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or efile@nycourts.gov. Specific questions about local procedures should be addressed to either the Supreme Court Chief Clerk at (845) 431-1720, or the Surrogate’s Court Chief Clerk at (845) 431-1770 .
Source page 2Communications with chambers
B. Working Copies: Counsel and self-represented litigants should provide working copies of all e- filed legal papers which require judicial action (e.g., Orders to Show Cause, motions, notices of settlement, ex parte applications and proposed orders). The working copy of a motion should include all documents filed in support of the motion, including exhibits with external tabs.
Source page 3Filing and working copies
All working copies must include a copy of the NYSCEF Confirmation Notice, and must comply with all requirements of the E-Filing Protocols. The Confirmation Notice is generated when the case is e-filed and is available in the specific case file at www.nycourts.gov/efile.
Source page 3Communications with chambers
All working copies shall be submitted to the Chambers within 24 hours of e-filing.
Source page 3Filing and working copies
C. Hard Copy Submissions: When a non-exempt party or attorney in an e-file case seeks to file a document by hard copy submission only, that hard copy filing will be rejected unless it bears the Notice of Hard Copy Submission - E-Filed Case required by Uniform Rule § 202.5-b(d)(1)(iv).
Source page 3Filing and working copies
B. E-filing is discretionary in all guardianship [SCPA Article 17 and Article 17-A], adoption and inter vivos trust proceedings. The Court recognizes that NYCSEF currently offers limited drop- down options for inter vivos trust proceedings, and that e-filing may not be an appropriate option in potentially complex inter vivos trust proceedings.
Source page 3Conferences and appearances
B. At all scheduled appearances and conferences before the Court, only an attorney thoroughly familiar with the action and authorized to act on behalf of a party shall appear.
Source page 3Discovery
B. Upon scheduling a preliminary conference, the Court will provide the parties with a form Stipulation and Order. The Stipulation and Order shall provide a date and time for the parties to appear at a compliance conference to ensure that discovery is proceeding as scheduled. The Stipulation and Order shall also identify the deadline selected by the Court for filing a note of issue and certificate of readiness. Counsel shall confer and fill out the Stipulation and Order to provide a timetable for discovery within the parameters set forth by the Court. The attorneys are encouraged to complete the Stipulation and to file it with the Court for review and approval in advance of the scheduled preliminary conference.
Source page 4Communications with chambers
C. If counsel for all parties sign the Stipulation and return it to chambers prior to the scheduled conference, such form shall be “So Ordered” by the Court and, unless the Court orders otherwise, appearances will not be required at the preliminary conference. However, appearances are required at the preliminary conference for all contested matrimonial actions.
Source page 4Conferences and appearances
The preliminary conference order shall provide a date and time for the parties to appear at a compliance conference.
Source page 4Discovery
(a) At the compliance conference, the Court will ensure that discovery is proceeding as scheduled. (b) Unless a note of issue has been earlier filed, the Court shall direct a date as the deadline for filing a note of issue and certificate of readiness.
Source page 4Filing and working copies
B. Probate Proceedings - Confidential Relationships - In a probate proceeding, if a beneficiary, attorney or draftsman has a fiduciary or confidential relationship with the testator, an affidavit explaining the circumstances surrounding the making of the bequest and the drafting of the Will must be filed with the petition.
Source page 5Discovery
C. Objections to Probate – If SCPA §1404 discovery is requested, the Court will sign a written scheduling Order setting firm dates for the completion of document discovery and witness examinations, and setting a date for the filing of objections. All court-ordered 1404 discovery shall be completed before objections are filed.
Source page 5Discovery
D. Objections to Letters of Administration - All discovery (document exchange and examination of witnesses) shall be completed before objections may be filed to the appointment of a fiduciary pursuant to SCPA §709, unless granted prior approval by the Court.
Source page 5Conferences and appearances
B. The parties must be present for the preliminary conference.
Source page 5Conferences and appearances
D. At the preliminary conference, counsel shall be prepared to discuss all issues identified in the Matrimonial Order Directing Preliminary Conference. No later than ten (10) days prior to the preliminary conference, counsel shall also exchange all documents identified in that Order.
Source page 5Conferences and appearances
E. At the preliminary conference, the parties and their counsel shall fill out and execute the Matrimonial Preliminary Conference Stipulation and Order, for review and approval by the Court.
Source page 5Discovery
A. Counsel must confer with one another in a good faith effort to resolve all discovery disputes. 22
Source page 5Motion practice
C. It is the policy of this Court to make itself available to facilitate resolution of any discovery disputes without formal motion practice. In the event of a discovery dispute, the aggrieved party shall organize a conference call with counsel for all parties and the Court’s Principal Court Attorney. If the dispute cannot be resolved in that conference call, the parties will be provided with a prompt appearance date to address any unresolved discovery disputes with the Court.
Source page 6Motion practice
D. Expert disclosure. The exchange of expert witness information pursuant to CPLR §3101(d)(1) shall be no later than ninety (90) days before trial for the party bearing the burden of proof on that issue. The opposing party must serve its disclosure within forty-five (45) days of trial. Any amended or supplemental expert disclosures shall be allowed only with leave of the Court on good cause shown. The statutory stay of disclosure upon the service of a dispositive motion (CPLR 3214[b]) shall not apply to the service of these expert responses. Unless the Court directs otherwise, a party who fails to comply with this rule will be precluded from offering the testimony and opinions of the expert for whom a timely response has not been given.
Source page 6Conferences and appearances
A. Within 45 days of the filing of a note of issue, the Court shall schedule a pretrial conference.
Source page 6Conferences and appearances
B. At the pretrial conference, the Court shall schedule a date certain for trial of all outstanding issues. The Court will also explore referring the case to a referee, if appropriate.
Source page 6Conferences and appearances
D. Counsel should be prepared to discuss settlement and should have full authority from their respective clients.
Source page 6Conferences and appearances
B. At the preliminary charge conference, each attorney shall provide the Court and opposing counsel
Source page 6Trial exhibits and witnesses
(i) marked pleadings as required by CPLR 4012, including bill(s) of particular, and any exhibits incorporated by reference in the pleadings;
Source page 6Discovery
(ii) an exhibit list and copies of all proposed exhibits the party expects to offer at trial. Materials such as deposition transcripts that a party reasonably anticipates will only be used on cross-examination or to refresh the recollection of a witness do not need to be included;
Source page 6Conferences and appearances
(iv) in a jury trial, a complete list of suggested jury charges. The charges will be drawn from the Pattern Jury Instructions (PJI). Unless counsel seeks a deviation from or an addition to the pattern charge, only the PJI numbers need be submitted. Where deviations or additions are requested, the full text of such requests must be submitted, together with any supporting legal precedents. Upon request, counsel shall promptly submit the proposed revision or addition to the pattern charge to the Court in an electronic format convertible to Word. Amendments to the suggested jury charges will be permitted at the final charge conference following the close of evidence;
Source page 7Trial exhibits and witnesses
(v) in a jury trial, a proposed verdict sheet. The proposed verdict sheet shall be jointly prepared by counsel and presented to the Court in a typed final form for presentation to the jury. If agreement cannot be reached, then each side shall present a proposed verdict sheet. Upon request, counsel shall promptly submit the proposed verdict sheet to the Court in an electronic format convertible to Word;
Source page 7Conferences and appearances
C. At the preliminary charge conference, counsel for all parties shall also be prepared
Source page 7Trial exhibits and witnesses
(iii) to alert the Court as to any anticipated problems regarding the attendance at trial of parties, attorneys or essential witnesses, and any other practical problems which the Court should consider in scheduling;
Source page 7Motion practice
A. Return Dates - Motions made in the Surrogate’s Court by Notice of Motion shall be made returnable on Thursday. Motions made in the Supreme Court are returnable on any day of the week. Return dates for Orders to Show Cause shall be determined by the Court.
Source page 7Communications with chambers
C. Format – Courtesy copy of all e-filed motion papers are required. All affirmations, affidavits and memoranda of law must contain numbered pages and exhibit tabs. Courtesy copies should be delivered to chambers by the motion return date, along with a copy of the filing confirmation notice received by the NYSCEF site.
Source page 7Motion practice
D. Withdrawal of Motions - If a matter has been resolved and the parties no longer require a decision from the Court, counsel are directed to immediately notify the Court in writing.
Source page 8Motion practice
E. Motions Seeking Temporary Injunctive Relief - Any application for temporary injunctive relief shall strictly comply with the notice provisions of Uniform Rule 202.8-e. As proof of that
Source page 8Conferences and appearances
F. Proposed Orders, Judgments and Findings of Fact - All proposed orders, judgments and findings of facts are to be submitted with notice of settlement on notice of at least 7 days.
Source page 8Communications with chambers
G. The Court does not accept sur-reply papers, whether presented as formal motion papers or correspondence. The Court will not consider new issues that have been improperly raised for the first time in reply papers. If there has been a change in the law while the motion is pending that counsel believes will have a material impact on the Court’s consideration of a fully-submitted motion, counsel may file a two-page letter on notice to opposing counsel requesting a conference on that issue. Opposing counsel may file a response letter within two (2) business days. The Court will notify the parties whether a conference will be scheduled.
Source page 8Adjournments
H. Motions in Limine. The return date of any motion in limine, including any adjourned return dates, shall be at least thirty (30) days before the trial date. The intent of this rule is to avoid in limine applications on the eve of, or during, the trial of a matter. Failure to bring an in limine application before the Court in a timely manner may result in summary denial of the application.
Source page 8Adjournments
I. Requests for adjournment of motions may be requested on consent of all counsel. Even if a requested adjournment is on consent of all counsel, the request must also be approved by the Court before it will be deemed granted. No adjournments will be granted for motions returnable within thirty (30) days of the trial date.
Source page 8Adjournments
L. The party requesting an adjournment must make the adjournment request on notice to all counsel. Unless good cause is shown, no more than two adjournments of a motion date shall be permitted
Source page 8Adjournments
A. Once scheduled, a trial shall not be adjourned for any reason other than the actual engagement of counsel as provided by Uniform Rule §125.1, or upon good cause shown. Any application for an adjournment based upon actual engagement of counsel must be supported by an affirmation establishing the requisite grounds set forth in Uniform Rule §125.1.
Source page 9Trial exhibits and witnesses
B. Identification of Trial Counsel - If a matter is to be tried by an attorney other than the attorney of record, trial counsel shall be identified in writing, filed with the Court on notice to all parties, no later than 15 days prior to the date of trial as required by Uniform Rule §202.31.
Source page 9Trial exhibits and witnesses
D. Non-Jury Trial - Unless the Court directs otherwise, the parties shall obtain (at their expense) a copy of the trial transcript. Following the close of evidence and receipt of the trial transcript, the Court may direct each party to submit proposed findings of fact and conclusions of law. The Court may also permit each party to submit a post-trial brief with respect to the issues raised at the trial.
Source page 9Adjournments
A. While the court strives for adherence to scheduled jury selection and commencement dates, the court’s trial calendar is such that exact days cannot always be guaranteed. Requests for a continuance or rescheduling due to an expert’s unavailability for testimony generally cannot be granted due to the large number of matters pending for trial. Counsel may use videotaping of experts when necessary.
Source page 9Motion practice
A. Any motion by a party to preclude or limit expert testimony under the expert disclosure part of this order or pursuant to CPLR 3101(d) must be made as soon as practicable.
Source page 9Motion practice
B. Where a party seeks summary judgment based in whole or in part upon a motion to preclude or limit expert testimony, both the motion to preclude or limit and the motion for summary judgment shall have the same return date.
Source page 9Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Dutchess 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
Dutchess 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
Dutchess 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
Dutchess 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 ↗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 ↗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 ↗