Timothy P. McElduff Jr. at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2029
Timothy P. McElduff Jr.
Supreme Court Justice · Orange County Supreme Court
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Biography
Professional career
- Timothy P. McElduff, Jr. is a judge on the Orange County Surrogate’s Court in New York’s 9th Judicial District, elected in 2019 for a term through 2029
- Town Justice, Town Court, Wawayanda, Elected, 2007 to 2019
- Before joining the bench, McElduff was a partner at Drake Loeb PLLC (2006–2019) and held the role of Town Justice for Wawayanda (2007–2019).
- Earlier in his career, he was an associate at Harris Beach PLLC, Buchanan Ingersoll, Cohen, Estis & Associates, and Buchanan Ingersoll
- He also serves as an Acting Justice of the Orange County Supreme Court
Education
- St. John's University School of Law — J.D. (1997)
- Siena College — B.A. (1993)
Additional information
- Surrogate, Surrogate's Court, Orange County, Elected, 2020 to 2029
- Current position: Surrogate, Orange County Surrogate’s Court
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 (58 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
New proceedings are reviewed in the order they are filed. Do not call or e-mail the Clerk’s Office or Chambers requesting a status update.
Source page 1Trial 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 Orange 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 addressed by correspondence.
Source page 1Communications with chambers
C. Fax/E-Mail - The Court will not accept faxed or e-mailed 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/e-mails must be sent simultaneously to all other parties. Faxed/e-mailed 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.
Source page 1Adjournments
Adjournment requests are discouraged and, even if on consent, should not be considered effective unless and until approved by the Court. If necessary, an adjournment request must be in writing, copied to all parties, e-mailed to VirtualOrangeSurrogatesCourt@nycourts.gov at least 48 hours in
Source page 2Adjournments
4. If possible, suggest a date certain to which the conference, etc., should be adjourned.
Source page 2Adjournments
Adjournments of conference or motion return dates 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. An adjournment request should be e-mailed to Chambers at mjetjoml@nycourts.gov at least 48 hours prior to the scheduled appearance. Unless good cause is shown,
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 Courts e-filing for cases filed in Orange County available at: https://ww2.nycourts.gov/courts/9jd/e-file.shtml
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 the Orange County and Supreme Court Clerk's Office at (845) 476-3500.
Source page 2Communications with chambers
B. Working Copies: Counsel and self-represented litigants MUST provide the Court with working copies of all legal papers which require judicial action (e.g., Orders to Show Cause, motions, notices of settlement, ex parte applications and proposed orders) within 24 hours of e-filing. The working copy of a motion must include all documents filed in support of the motion, including exhibits WITH external tabs.
Source page 2Filing and working copies
Working copies must include a copy of the NYSCEF Confirmation Notice, firmly fastened, and must comply with all requirements of the E-Filing Protocols.
Source page 2Filing and working copies
C. Hard Copy Submissions: Hard copy submissions in e-filed cases will be rejected unless they bear the Notice of Hard Copy Submission - E-Filed Case required by Uniform Rule § 202.5-b(d)(1)(iv).
Source page 3Conferences and appearances
C. 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 3Filing 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/testatrix, 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 3Discovery
C. Objections to Probate - All discovery (paper and depositions under SCPA § 1404) shall be completed before objections are filed, unless granted prior approval by the Court. Objections shall be filed with the Court within 10 days of the completion of all SCPA §1404 discovery, pursuant to SCPA §1410. Once the objections have been filed, an SCPA §1411 citation must be submitted to the Court by the proponent, objectant or interested party. The SCPA §1411 citation must be filed within 30 days of the filing of objections.
Source page 3Discovery
D. Objections to Administration - All discovery (paper and/or depositions) shall be completed before objections may be filed pursuant to SCPA §709, unless granted prior approval by the Court.
Source page 3Adjournments
E. Pursuant to 22 N.Y.C.R.R. § 207.7(c), original affidavits of service must be filed with the Court at least two (2) days prior to the return date. Failure to do so could result in the denial of jurisdiction for failure to complete service. Late filing of proof of service will result in adjournment of the return date and delay of issuance of decisions and decrees.
Source page 3Adjournments
F. Guardian ad Litem reports must be filed and served at least two (2) days prior to the return date. Late filings will result in adjournments and delays in the issuance of decrees and orders.
Source page 4Motion practice
H. A proposed order/judgment/decree shall be submitted on all unopposed motions. For contested Surrogate’s Court motions, proposed orders/judgment/decrees shall be submitted on notice in accordance with 22 NYCRR 207.37.
Source page 4Conferences and appearances
B. Upon scheduling a preliminary conference, the parties shall confer to complete a Preliminary
Source page 4Discovery
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 submit it to 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 in all matrimonial, products liability, and medical, dental and podiatric malpractice actions.
Source page 4Discovery
The preliminary conference order shall provide a date and time for the parties to appear at a compliance conference. At the compliance conference, the Court will ensure that discovery is proceeding as scheduled and, unless a note of issue has been earlier filed, schedule the deadline for filing a note of issue and certificate of readiness.
Source page 4Discovery
A. Counsel must confer with one another in a good faith effort to resolve all discovery disputes pursuant to 22 NYCRR §202.7.
Source page 4Motion 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 5Conferences and appearances
A. Upon the filing of a note of issue, the Court shall schedule a pretrial conference.
Source page 5Conferences 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 mediation, if appropriate.
Source page 5Motion practice
C. At the pretrial conference, the Court shall establish a deadline for the exchange of expert witness information pursuant to CPLR §3101(d)(1) which shall, in no event, be 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 5Motion practice
D. The Court will explore limitation of issues for trial, including any application that counsel anticipates making to limit or preclude testimony or other evidentiary matters. If an evidentiary issue cannot be resolved by the Court at the pretrial conference, a motion in limine briefing schedule shall be established.
Source page 5Adjournments
The return date of that briefing schedule, 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, 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 5Conferences and appearances
E. Counsel should be prepared to discuss settlement and should have full authority from their respective clients.
Source page 5Motion practice
A. Return Dates: Motions made in the Surrogate's Court by Notice of Motion shall be made returnable on a Wednesday at 9:30 a.m. Motions made in the Supreme Court shall be made returnable on a Friday at 9:30 a.m. Return dates for Orders to Show Cause shall be determined by the Court.
Source page 5Motion practice
B. Summary Judgment Motions in Supreme Court Matters: MOTIONS SHALL BE MADE WITHIN
Source page 5Motion practice
C. 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 5Communications with chambers
D. Format: All affirmations, affidavits and memoranda of law must contain numbered pages and exhibit tabs. For e-filed motions, a hard copy of the motion papers with exhibits tabs must be delivered to chambers
Source page 5Communications with chambers
by the motion return date, along with a copy of the filing confirmation notice received by the NYSCEF site. All answering and reply papers should be submitted directly to chambers. In Supreme Court matters, original initiating motion papers should be submitted directly to the County Clerk accompanied by an affidavit/affirmation of service and the required fees. All documents required to decide the application must be attached to the motion. It is not sufficient that documents may be on file with the Clerk of the Court.
Source page 6Motion practice
E. 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 6Motion practice
F. Motions seeking temporary injunctive relief, including but not limited to a stay or temporary restraining order, shall include an affirmation pursuant to 22 NYCRR 202.7(f).
Source page 6Conferences and appearances
G. Proposed Orders, Judgments and Findings of Fact. Unless otherwise directed by the Court, all proposed orders, judgments and findings of facts are to be submitted with notice of settlement pursuant to
Source page 6Motion practice
J. Counsel shall immediately notify the Court whenever it becomes unnecessary to decide a motion.
Source page 6Adjournments
A. Once scheduled, a trial shall not be adjourned for any reason other than the actual engagement of counsel as provided for in §125.1 of the Rules of the Chief Administrator of the Courts, 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 22 NYCRR §125.1.
Source page 6Trial exhibits and witnesses
B. Trial Binders. Unless otherwise ordered by the Court, no later than two (2) weeks prior to the scheduled trial or hearing date, each party shall each provide to all other parties and to the Court a binder
Source page 6Trial exhibits and witnesses
1. Pretrial memorandum of law addressing any known disputed legal issues that must be determined by the Court.
Source page 6Trial exhibits and witnesses
2. A list of all potential witnesses, other than an impeachment or rebuttal witness, along with a brief statement of proof. A witness not identified in the witness list, other than an impeachment or rebuttal witness, may not be permitted to testify unless an adequate explanation is provided for the failure to identify such witness prior to trial.
Source page 6Discovery
3. 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 6Trial exhibits and witnesses
4. Marked pleadings as required by CPLR 4012, including bill(s) of particular, and any exhibits incorporated by reference in the pleadings.
Source page 6Conferences and appearances
6. Proposed 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 Perfect. 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
7. 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 Microsoft Word.
Source page 7Communications with chambers
9. For virtual trials/hearings, copies of the foregoing shall also be e-mailed to Chambers in “.pdf” format.
Source page 7Conferences and appearances
C. Trial Counsel. If a matter is to be tried by an attorney other than the attorney of record, a Notice of Appearance, served on all parties, shall be filed with the Court with an Affidavit of Service of same, no later than fifteen (15) days prior to the date of trial.
Source page 7Trial exhibits and witnesses
D. Bench Trials. 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, counsel shall also present the Court with proposed findings of fact and proposed conclusions of law. Each party may submit a post-trial brief with respect to the issues raised at the trial, setting forth specific references to the relevant portions of the transcript and the documents in evidence and citing the applicable law.
Source page 7Conferences and appearances
E. Jury Trials. The Court will conduct a preliminary charge conference at 9:00 a.m. one (1) business day prior to the first day of jury selection. In complex matters, the Court reserves the right to schedule the preliminary charge conference for another date prior to trial. At the preliminary charge conference, counsel shall also be prepared to: (a) stipulate to undisputed facts and the admissibility of clearly admissible documents and records, (b) discuss scheduling as well as the number of witnesses to be called at trial, and the estimated length of the trial, (c) 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, and (d) alert the Court to any anticipated requests for apportionment as to alleged culpable non-parties pursuant to CPLR Article 16.
Source page 7Adjournments
1. Videotaping. 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 7Motion practice
2. 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 8Motion practice
3. 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 8Conferences and appearances
The parties shall immediately provide the Court with written notice whenever a case has been settled or otherwise disposed. Any stipulation of settlement or settlement agreement to be “so ordered” must state either that all issues between the parties have been resolved and all contested proceedings are being discontinued or set forth with specificity any matters that remain unresolved. Stipulations of settlement and settlement agreements shall not provide that the Court shall retain jurisdiction over the agreement without prior approval of the Court.
Source page 8Shared court rules
22 NYCRR Part 200 — Uniform Rules Courts Exercising Criminal Jurisdiction
Orange 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
Orange 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
Orange 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
Orange 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 ↗