Nicholas W. Moyne at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2028
Nicholas W. Moyne
Supreme Court Justice · New York County Supreme Court
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Biography
Professional career
- Supreme Court, New York County — elected to the Civil Court in 2019; later designated to the Criminal Court; currently serves as a Supreme Court Justice with a term ending January 1, 2028
- Acting Justice, Supreme Court, New York County, Civil Term, Designated by Acting Chief Administrative Judge Tamiko Amaker, 2023 to Present
- Judge, Civil Court of the City of New York, New York County, Elected, 2019 to 2028
- Judge, Criminal Court of the City of New York, New York County, Designated by Chief Administrative Judge Lawerence K. Marks, 2019 to 2023
- Criminal Court of the City of New York, New York County — designated by Chief Administrative Judge Lawrence K. Marks in 2019
- NYS Unified Court System, Principal Court Attorney, 2014 to 2019
- Simpson Thacher & Bartlett LLP, Staff Attorney, 2013 to 2013
- NYS Unified Court System, Law Secretary to Supreme Court Justice, 2012 to 2013
- Faruqi & Faruqi, LLP, Attorney, 2011 to 2012
- NYS Unified Court System, Law Secretary to Supreme Court Justice, 2000 to 2010
- Rubert & Gross, P.C., Attorney, 1999 to 2000
- Judge of the Criminal Court of the City of New York (New York County) and a Supreme Court Justice in New York County, with a background in both private legal practice and service in the New York State Unified Court System
Education
- Brooklyn Law School — J.D. (1998)
- Oberlin College — B.A. (1993)
Additional information
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 (45 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
a. No ex parte communications are permitted. This includes any/all emails and phone calls. All parties to an action must be included in any communications with the court.
Source page 1Motion practice
d. Disputed issues arising in the course of an action shall not be litigated via letter or email, but only via a properly noticed motion or at a duly scheduled conference, unless the court directs otherwise.
Source page 1Communications with chambers
e. No attorney or unrepresented party shall send letters or emails to the court, unless expressly permitted by these Part Rules or requested by the court, except that attorneys and unrepresented parties may write or email the Part Clerk at SFC- Part41-Clerk@nycourts.gov (i) with respect to scheduling or logistical issues, (ii) to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or (iii) to request a ruling in the course of a deposition. No attorney or unrepresented party shall discuss the merits of their case in emails or telephone calls to the Part Clerk. No attorney or unrepresented party shall request
Source page 1Communications with chambers
Attorneys or unrepresented parties may telephone the Part Clerk only with respect to scheduling or logistical issues, to inform the Part Clerk that a motion is being withdrawn or that an action has been settled or discontinued, or with respect to requests for rulings at depositions. If either the Justice or a law clerk is available to consider the application for such a deposition ruling, the Part Clerk shall forward the telephone call to the Justice or a law clerk. The Judge will rarely if ever get directly involved in hearing deposition disputes. Attorneys are reminded to consult applicable New York rules concerning the handling of objections at depositions.
Source page 2Communications with chambers
f. No attorney or unrepresented party shall telephone chambers, including the Justice’s law clerks, unless expressly directed to do so.
Source page 2Courtroom conduct and technology
h. Documents requiring Justice Moyne’s signature, including proposed orders and stipulations (e.g., proposed or settled orders, stipulations, or transcripts to be “so- ordered”), must be electronically filed and a Microsoft Word version with electronic signatures emailed to the Part Clerk at SFC-Part41-Clerk@nycourts.gov.
Source page 2Motion practice
a. Until further notice, oral argument shall be held on all opposed motions, as well as all motions to be relieved as counsel. Counsel should anticipate that oral arguments on motions will be on the record and that the Judge may rule or partially rule on the motion from the bench.
Source page 2Communications with chambers
b. Motions to be relieved as counsel should be made by Order to Show Cause. Attorneys moving to be relieved as counsel shall, immediately after they serve their motion papers, provide the court with their clients’ contact information, including telephone number and email address, by emailing that information to SFC-Part41- Clerk@nycourts.gov.
Source page 2Motion practice
c. A motion or special proceeding shall only be initiated by order to show cause where required by statute (see, e.g., CPLR 321[b][2], 5015[a]), these rules, or where emergency interim relief is sought. All proposed orders to show cause shall include a provision for the service of responsive papers, with a space reserved for the date of service, which shall be filled in by the court. In accordance with Rule 13(b), section IV, of the Rules of the Justices of the New York County Supreme Court, Civil Branch, no reply papers shall be permitted in connection with motions or special proceedings initiated by order to show cause, except by express permission of the
Source page 2Motion practice
d. Please do not contact the court with inquiries regarding the status of a decision on a motion unless the matter is time sensitive.
Source page 3Adjournments
a. If the parties stipulate to adjourn the initial return date of a motion initiated by notice of motion, or a special proceeding initiated by notice of petition, they shall upload a signed written stipulation to the NYSCEF system and choose the following designation from the drop-down menu: “stipulation-adjournment of motion- submissions part-rm 130.” If the agreed upon return date is more than 60 days after the initial return date, the judge’s signature shall be required, but the Motion Support Office will forward the uploaded stipulation to the court for signature. There is no need for the parties to submit a separate stipulation directly to the court for signature.
Source page 3Adjournments
b. If one party seeks an adjournment of a motion or petition, but the other party refuses to stipulate to the adjournment, the party seeking the adjournment may submit a written request to the court by emailing it to SFC-Part41-Clerk@nycourts.gov. If the court approves the request, it shall “so order” the written application or shall issue an interim order adjourning the return date of the motion or petition.
Source page 3Adjournments
c. Adjournment Requests – should be made a minimum of 3 business days before the next appearance. If no response is given, then the request is denied.
Source page 3Adjournments
a. Stipulations of discontinuance signed by attorneys for all parties and all unrepresented parties in an action shall be uploaded to NYSCEF and emailed to the part clerk at SFC-Part41-Clerk@nycourts.gov. Stipulations of discontinuance that are signed by fewer than the attorneys for all parties and all unrepresented parties shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court “so order” the stipulation.
Source page 3Filing and working copies
b. Stipulations to amend the caption in an action shall be uploaded to NYSCEF and emailed to the Part Clerk with a request that the court “so order” the stipulation. After the court “so orders” the stipulation, one of the parties, as will be directed by the court in the so-ordered stipulation, shall, within 15 days of the entry of the so-ordered stipulation, serve a copy of the so-ordered stipulation upon the Trial Support Office (60 Centre Street, Room 148, New York, NY 10007), and shall separately file and upload the notice required by CPLR 8019(c) on a completed Form EF-22, whereupon the Trial Support Office shall thereupon amend the court records accordingly. Parties are cautioned that the failure to serve a copy of the so-ordered stipulation upon the Trial Support Office or to upload the notice required by CPLR 8019(c) will leave the caption unamended in the court’s records.
Source page 3Filing and working copies
a. If an attorney or unrepresented party seeks a so-ordered subpoena, the proposed subpoena shall be uploaded to NYSCEF and mailed or emailed to the Part Clerk with a request that the court “so order” the subpoena.
Source page 4Discovery
b. All requests for a so-ordered subpoena shall be accompanied by a brief statement indicating the need for the subpoena to be so-ordered and why such discovery is appropriate.
Source page 4Filing and working copies
c. If the court signs the subpoena, the signed copy will not be uploaded to NYSCEF, but, rather, shall be emailed to the attorney or unrepresented party requesting it, or shall be retrieved in the courtroom by that attorney or unrepresented party, as the court directs.
Source page 4Discovery
a. Unless otherwise directed by the court, forms for preliminary conference orders, compliance conference orders, and status conference orders (collectively discovery conference orders) shall be provided by the court to the plaintiff, who shall confer with the defendants, upon which the parties shall agree upon the terms and contents of the order. The plaintiff shall be responsible for filling out the proposed discovery conference order, leaving blank the spaces provided for the next discovery order submission date and note of issue filing deadline, and emailing the completed proposed discovery order to the Part Clerk. The parties shall not upload any proposed discovery conference order to NYSCEF.
Source page 4Discovery
b. If the parties cannot agree to the terms and contents of a discovery conference order, they shall request a conference by contacting the Part Clerk. The Part Clerk shall thereupon schedule a conference on the first available date and provide the parties with information concerning the conference. When the parties are directed by the court to submit a preliminary conference order, compliance conference order, or status conference order by a date certain, they shall adhere to the submission date directed by the court or shall request the Part Clerk to extend the submission deadline.
Source page 4Conferences and appearances
c. If the court directs the parties to submit a proposed preliminary conference order, it shall not be an objection to the preparation and submission of such order that the plaintiff has yet to serve a bill of particulars. If that is the case, the preliminary conference order shall specify a deadline for the service of the bill of particulars.
Source page 4Communications with chambers
d. Discovery disputes shall not be litigated via telephone, letters, or email, except in the case of requests for rulings in the course of depositions. Rather, such disputes shall be resolved via a remote conference or a properly noticed motion. In connection with discovery motions, attorneys shall familiarize themselves with the provisions of 22 NYCRR 202.8(f) and 22 NYCRR 202.20-f(b), to which the court strictly shall adhere. Participation in a remote conference at which a disputed issue has been discussed will be deemed to constitute compliance with 22 NYCRR 202.20-f(b).
Source page 4Conferences and appearances
dispute or disagreement prior to the conference date, they shall contact the Part Clerk and cancel the conference.
Source page 5Discovery
f. Requests for rulings in the course of depositions shall be made as set forth in Paragraph 1(b) above.
Source page 5Conferences and appearances
b. The attorneys who appear at the conference must be knowledgeable of the case and must have settlement authority as well as authority to enter binding stipulations.
Source page 5Communications with chambers
d. Counsel shall submit motions in limine and trial memoranda in writing to the court as directed but, in any event, not later than the first day of jury selection. Motions in limine shall be e-mailed to the Law Clerks or the Judge directly upon request
Source page 5Trial exhibits and witnesses
e. Witnesses: Counsel shall provide to the court a list of potential witnesses in order in which they intend to call them at trial, including expert witnesses. Request for a missing witness charge should be made at this time.
Source page 5Trial exhibits and witnesses
to all interested parties and the Court well in advance of the trial’s scheduled start date and no later than the date of the trial’s assignment to this Part.
Source page 6Trial exhibits and witnesses
d. Exhibits: Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits; defendants will letter their exhibits. On the first day of trial, each party will provide the court reporter with the exhibits to be officially marked.
Source page 6Discovery
g. Depositions: A copy of deposition transcripts intended to be used at trial should be made available for the Court’s reference as needed. The deposition transcript should be marked as to all objections that counsel intends to make to deposition questions or answers.
Source page 6Communications with chambers
h. The Court may require representatives of insurance carriers, or other persons having an interest in any settlement, to appear in Court or to be available by telephone, as the Court deems appropriate. Failure of such person to appear pursuant to an Order, whether in writing or on the record, may be required to show cause why they should not be held in contempt, and also may be subject to sanctions, as set forth in Part 130 and CPLR Section 3126.
Source page 6Trial exhibits and witnesses
i. The parties shall submit preliminary proposed verdict sheets and requests to charge (subject to amendment), citing the current PJI sections, preferably before the commencement of trial, but not later than the start of the second day or as instructed by the Court.
Source page 6Conferences and appearances
ii. All proposed jury charges and proposed verdict sheets shall be emailed to the Court (ngrafstrom@nycourts.gov, swaldman@nycourts.gov, and SFC- Part41@nycourts.gov) in an editable MS Word (.doc or .docx) format. Amendments thereto shall be permitted at the final charge conference.
Source page 6Trial exhibits and witnesses
iii. If counsel relies on a Pattern Jury Instruction [PJI] without change, it should be referred to by PJI number and topic, only. If any changes to the PJI are suggested, counsel must submit the full text with all changes red-lined in Word format by email to the Justice’s law clerks. Citations to appropriate statutory or common law authority shall be given in support of suggested non-
Source page 6Trial exhibits and witnesses
PJI jury charges or suggested PJI modifications. Counsel should note that the Court has modified the language of some PJI charges to make them more readable and understandable. Counsel should review these modifications with the Justice’s law clerks.
Source page 7Conferences and appearances
iv. Unless a marshaling of the evidence is waived, counsel should be prepared, at the final charge conference, to provide the court with the proposed facts that counsel believes are supported by the record.
Source page 7Trial exhibits and witnesses
j. Trial Objections and Arguments: Speaking objections, except to the extent permitted below, are not permitted in the presence of the jury. To make a trial objection, counsel should stand and say the word “objection,” and, only if it is possible without suggesting a response to the witness, counsel also may briefly state the grounds for the objection. If further argument is required, counsel should ask permission to approach the bench. Exceptions to trial rulings are not necessary.
Source page 7Trial exhibits and witnesses
Upon request, counsel always will be given the opportunity to make a full record outside of the jury’s presence. To preserve the record, counsel must make timely objections, including during opening and closing arguments.
Source page 7Trial exhibits and witnesses
l. All witnesses should be instructed, prior to being called to the witness stand, that they may make no mention of insurance during their testimony, whether on direct or cross-examination.
Source page 7Trial exhibits and witnesses
m. Cross Examination: Prior to taking the stand, witnesses should be advised that cross-examination questions calling for a yes or no answer should be answered accordingly, and the witness also may respond that he/she cannot answer the question with a yes or no.
Source page 7Trial exhibits and witnesses
p. Counsel must retrieve their trial exhibits within seven days of the trial’s conclusion. Any exhibit left with the court for more than fourteen days is subject to destruction without any further notice.
Source page 7Conferences and appearances
a. Upon request of the parties, the court will meet with the parties’ attorneys for a settlement conference. The court will only schedule a settlement conference if there has been a demand made by the plaintiff and an offer made by the defendant prior to the conference. In medical and dental malpractice actions, the court will not schedule a settlement conference if a defendant’s insurance policy requires the consent of an individual physician or dentist to settle the action, and that physician or
Source page 7Conferences and appearances
b. In the case of an unrepresented party, the court will not speak separately to the plaintiff and the defendants in the course of a settlement conference.
Source page 8Conferences and appearances
c. With very rare exceptions, the Judge will not speak to a represented litigant directly about settlement or resolution and will do so only with permission of their attorney and in their attorney’s presence.
Source page 8Filing and working copies
a. If an attorney learns that his or her client has died, the attorney shall forthwith notify the Part Clerk of the client’s death and the date of death, if known, and upload a death certificate to NYSCEF when available. If an attorney learns that an adversary of his or her client has died and has yet to be informed of that fact by the adversary’s attorney, that attorney shall forthwith notify his or her adversary’s attorney and the Part Clerk thereof, and provide the Part Clerk with the date of death, if known.
Source page 8Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
New York 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
New 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 — Rules of the Justices
New 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 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New 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 2026-07-26Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
New 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 2026-07-26Sources
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 ↗