Rosemarie Montalbano at a glance
- Current role
- Surrogate
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2035
Rosemarie Montalbano
Surrogate · Kings County Surrogate's Court
Biography
Professional career
- Judge, Surrogate's Court, Kings County, New York, NY, 2022-2036
- Justice, New York Supreme Court, Kings County, New York, NY, 2020-2033
- Judge, The Criminal Court of the City of New York, Kings, New York, NY, 2015-2019
- Assistant District Attorney, Queens County District Attorney's Office, New York, NY, ?-present
- Principal Law Clerk to Justice Gregory L. Lasak, New York Supreme Court, Queens County, ?-present
- Court Attorney to Judge Anthony Gazzara, Queens County, Civil Court of the City of New York, New York, NY, ?-present
Education
- Western New England University — J.D.
- Saint Johns University — B.A.
Additional information
- Term ends: January 1, 2036 She won the Democratic primary in June 2021 and the general election with 98.9% of the vote
- She helped run her father’s deli during her childhood and college years, which inspired her interest in housing advocacy and consumer protection work
- Montalbano was born and raised in Bushwick, Brooklyn, the daughter of immigrants.
Applicable Court Rules & Procedures
Recording and broadcasting
Statewide
New York statewide rules require permission before photographing, filming, videotaping, audiotaping, broadcasting, or telecasting in court facilities, including courtrooms.
Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtainedPart 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings ↗
Exhibits
Statewide
The official Guide to New York Evidence identifies court control over presentation of evidence as a statewide evidence topic; counsel should expect the assigned judge to control the mode and order of proof.
1.07. COURT CONTROL OVER PRESENTATION OF EVIDENCEGuide to New York Evidence: Article 1, General Provisions and Court's Role ↗
Published courtroom rules
Judge and named-part rules
Named-part joint rules (29 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
1. 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 Kings County Surrogate’s Court unless explicitly directed otherwise in these Part Rules.
Source page 1Communications with chambers
A. Correspondence. Correspondence to the Court and the Chief Clerk shall be copied to all parties that have appeared and must set forth the name and file number of the case to which it pertains. Correspondence between attorneys and/or self-represented litigants 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. Correspondence should not be submitted, and will not be considered, in determining motions, etc. The Court will only act upon appropriate application or proceeding and does not permit litigation by correspondence.
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 2Communications with chambers
C. Ex Parte Communications. Ex parte communication with the law department and chambers is strictly prohibited, except where an Order to Show Cause is submitted for signature, or with the prior consent of all parties during settlement negotiations.
Source page 2Communications with chambers
3. Court Calendar Calls and Conferences The Court’s process and motion calendars are regularly called at 10:00 a.m. and 11:30 a.m., respectively on Tuesdays for Surrogate Montalbano and on Thursdays for Surrogate Graham. If a conference is deemed necessary, it will occur either immediately following the call of the calendar or at an alternate time scheduled by the Court. The failure to appear at a scheduled calendar call or conference may result in appropriate relief, including default pursuant to 22 NYCRR 202.27 and/or dismissal of the proceeding. Further, pursuant to § 130-2.1 of the rules of the Chief Administrator of the Courts, the Court may impose financial sanctions and award costs and reasonable attorney’s fees against any attorney who, without good cause, fails to appear at a time and place scheduled for an appearance in any action or proceeding. All parties are to either be present or available by telephone at all pretrial and settlement conferences, unless otherwise directed by the Court.
Source page 2Conferences and appearances
A. Knowledge and Authority. All counsel who appear before the Court must be familiar with the case and be fully authorized to enter into agreements/stipulations as to both substantive and procedural matters on behalf of their client(s). Attorneys appearing of counsel to the attorney of record shall be held to the same requirement. Failure to comply with this rule may be regarded as a default and dealt with appropriately. All counsel and self-represented litigants must be on time for all scheduled appearances.
Source page 2Communications with chambers
B. Appearances. All Court proceedings are conducted in-person. As an accommodation, the Court may permit virtual appearances in extenuating circumstances. Please make an application through the appropriate department and email the appropriate Surrogates’ chambers for such accommodation. All virtual appearances will be conducted via Microsoft TEAMS. Any matter conducted virtually is a formal proceeding and is akin to an in-person appearance. Parties and counsel should be dressed appropriately and guided accordingly.
Source page 2Trial exhibits and witnesses
C. Interpreters/Hearing Impaired. When a party or witness requires the services of an interpreter of a foreign language or services for the hearing impaired, please notify the Court by emailing kingsurr-urgency@nycourts.gov at least seven (7) days in advance.
Source page 2Motion practice
D. Substitution/Withdrawal of Counsel. All substitutions of counsel must be in writing, signed by the client, the incoming and outgoing attorneys, filed with the Court, and served on all other parties in accordance with the CPLR before the outgoing attorney is relieved and discharged from the matter. In any matter where an attorney seeks to be relieved and discharged and there is no proposed incoming attorney, a motion for that relief must be made by Order to Show Cause on
Source page 2Filing and working copies
A matter will not be deemed urgent unless an affidavit/affirmation of urgency is filed. The filing may occur at any point during the pendency of the proceeding. A copy of the NYSCEF Confirmation Notice must be emailed to kingsurr-urgency@nycourts.gov.
Source page 3Conferences and appearances
A. Proofs of Service. Uniform Rule § 207.7(c) will be strictly enforced. All proofs of service must be filed two (2) days prior to the return date. Proofs filed late may not be reviewed prior to the return date. Further, late filings may necessitate an additional appearance at a future court day and delay the issuance of decisions and decrees.
Source page 3Conferences and appearances
Surrogate Montalbano: As the return date for the Court’s calendar is on Tuesdays, proofs of service must be filed no later than the preceding Friday by 12:00 p.m. (or the preceding Thursday by 12:00 p.m., if the Monday or Friday before calendar is a holiday).
Source page 3Conferences and appearances
Surrogate Graham: As the return date for the Court’s calendar is on Thursdays, proofs of service must be filed no later than the preceding Tuesday by 12:00 p.m. (or the preceding Monday by 12:00 p.m., if the Tuesday or Wednesday before calendar is a holiday).
Source page 3Filing and working copies
A. Self-Addressed Stamped Envelopes. Filers requesting any documents must provide the Court with self-addressed stamped envelopes bearing adequate postage for the return. The Court will not mail documents back to the filer without such properly stamped envelopes.
Source page 3Courtroom conduct and technology
ii. Applications requiring such documents shall not be processed until the originals are received. Originals must be delivered to the Court within two (2) business days after such documents have been electronically filed. If the requisite originals are not
Source page 3Filing and working copies
received withing sixty (60) days of an applicant’s filing, the application shall be deemed discontinued.
Source page 4Filing and working copies
C. Working Copies. Parties shall submit a working copy within two (2) business days following
Source page 4Filing and working copies
All working copies submitted to the Court must include a copy of the NYSCEF Confirmation Notice firmly fastened as the front cover page of the submission. Working copies without the Confirmation Notice will not be accepted. No action shall be taken on a proceeding unless working copies are received by the Court.
Source page 4Conferences and appearances
D. Notices of Appearance. Pursuant to SCPA § 401(3) and 22 NYCRR 207.9(b), attorneys appearing on behalf of nondomiciliaries or parties not personally served within the state must furnish acknowledged evidence of authority.
Source page 4Conferences and appearances
E. Email Address. All petitions, other pleadings and notices of appearance must contain a valid email address for the attorney of record or self-represented litigant.
Source page 4Adjournments
H. Adjournments. A request for an adjournment, even if on consent of all parties, is not effective unless and until approved by the Court. The party requesting an adjournment must submit a written request at least 48 hours prior to the scheduled appearance to the appropriate department, on notice to all parties. The written request must (1) identify the current date of the scheduled appearance;
Source page 4Adjournments
(2) identify the number of adjournments that have been previously requested, if any; (3) good cause why the adjournment is being sought; (4) whether the other parties consent or object to the request; and (5) identify the proposed adjournment date. All communication with the Court must be contemporaneously copied to all other parties and self-represented litigants in accordance with the correspondence rules above. Unless good cause shown, no more than two (2) adjournments shall be permitted on any matter.
Source page 4Motion practice
A. Return Date. Motions made by Notice of Motion shall be made returnable on any Tuesday when the Court is in session for Surrogate Montalbano and on any Thursday when the Court is in session for Surrogate Graham. The motion calendar is called at 11:30 a.m. Return dates for Orders to Show Cause shall be determined by the Court, if entertained.
Source page 5Motion practice
i. Motions. The motion calendar is a submission calendar only. Appearances are not required on fully submitted motions unless directed by the Court or unless oral argument is requested in writing. Appearances are required for oral argument.
Source page 5Motion practice
a. Oral Argument. Arguments are upon written request only. A party may request oral argument on a notice of motion, order to show cause, or answering paper in the area across from the caption of the proceeding. ii. Orders to Show Cause. Appearances are required on the return date.
Source page 5Motion practice
i. Motions and Orders to Show Cause. All motions, whether made by notice of motion or order to show cause, shall be argued in-person and not taken on submission.
Source page 5Motion practice
C. Motions Seeking Temporary Injunctive Relief. Any application for temporary injunctive relief shall include either: (1) an affirmation demonstrating that a good faith effort has been made to notify the party against whom the TRO is sought of the time, date and place that the application will be made in a manner sufficient to permit the party an opportunity to appear in response to the application, or (ii) an affirmation that there will be significant prejudice to the party seeking the TRO by giving the notice.
Source page 5Motion practice
D. Withdrawal of Motions. If a matter has been resolved and the parties no longer require a decision from the Court, counsel or self-represented litigants are directed to immediately notify the Court in writing. Failure to immediately notify the Court when it becomes unnecessary to decide a motion, may result in sanctions.
Source page 5Adjournments
or self-represented litigants shall file a true copy of the fully executed stipulation of settlement or discontinuance with the clerk’s office.
Source page 6Shared court rules
22 NYCRR Part 207 — Uniform Rules Surrogates Court
Kings County Surrogate's Court
Surrogate's Court proceedings
Official source ↗ · Collected 2026-10-27Part 29: Electronic Recording and Audio-Visual Coverage in Court Facilities and of Court Proceedings
Kings County Surrogate's 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
Kings County Surrogate's 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 ↗