Tracy C. Mac Kenzie at a glance
- Current role
- Supreme Court Justice
- Jurisdiction
- New York · State
- Judicial service
- Active
- Term and retention
- Current term ends 2035
Tracy C. Mac Kenzie
Supreme Court Justice · Dutchess County Supreme Court
Biography
Professional career
- Acting Justice, Supreme Court of Dutchess County — designated in 2018 by Chief Administrative Judge Lawrence K. Marks
- Family Court Judge — elected in 2015 for the 9th Judicial District, which covers Dutchess, Orange, Putnam, Rockland, and Westchester counties
- Principal Court Attorney for Hon. Denise M. Watson, Dutchess County Family Court (2012–2015)
- Presiding Judge, Dutchess County Integrated Domestic Violence Court
Education
- Quinnipiac University School of Law — J.D. (2003)
Additional information
- Current term: Elected for a term beginning in 2026 and ending in 2035
- Attorney for Children Panel member, (2005–2011)
- Partner at Battistoni & MacKenzie (2006–2011) and Associate (2004–2006) representing parents, children, and grandparents in family law matters
- Acting Justice of the Supreme Court of Dutchess County and a judge in the Dutchess County Family Court, serving in the 9th Judicial District of New York
- B.A. from SUNY Plattsburgh
- Family Court Involved Youth Committee
- 9th Judicial District Committee to Promote Gender Fairness in the Courts
- She is a recipient of the Law Guardian of the Year Award from the Dutchess County Bar Association
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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 (64 excerpts)
See document heading and cited passage; do not apply outside the issuing part or proceeding.
Official rules document ↗ · Collected 2026-10-27
Motion practice
Every pleading, written motion and other paper served or filed in an action must be signed by an attorney pursuant to §130-1.1a of the Rules of the Chief Administrator of the Courts.
Source page 1Communications with chambers
Communication with the Court shall be in writing. Counsel and parties should strive to limit telephone calls to Court staff to situations requiring immediate attention that cannot otherwise be addressed by written correspondence. Telephone communication should be limited to contact with the judicial assistant regarding non-substantive, administrative issues in a case. At no time shall an attorney or litigant contact the court attorney to speak about or ask questions relating to the merits of the case or inquire about substantive issues within the case.
Source page 1Communications with chambers
All written communication on any subject to the Court must be: (1) copied to all counsel and pro se parties (and sent to counsel via email, whenever possible); (2) contain email addresses for all counsel; and (3) state the next appearance date. Letters not complying with these rules will be disregarded and/or returned to the sender. Correspondence between attorneys and/or parties shall not be copied to the Court unless there is some specific judicial purpose to be served by transmitting copies to the Court.
Source page 1Communications with chambers
Neither Chambers nor the Clerk of the Family Court will accept faxed or e-mailed copies of papers that must otherwise be filed in original form with the Office of the Family Court Clerk (such as objections, petitions, proofs of service, motions, opposition to motions, replies, proposed Orders, and documents to be “So Ordered”).
Source page 2Communications with chambers
Communication about substantive issues via letter to the Court is discouraged. Parties or counsel should either wait to address substantive issues at the next court appearance or file the appropriate application with the Court in lieu of litigating via facsimile. Requests for telephone/Teams conferences with Chambers shall be limited to situations where the attorneys and/or parties have made substantial good-faith efforts to resolve the dispute or issue, but have been unsuccessful. Letters requesting such conference must specify the nature of the efforts that have been made to resolve the issue before the Court will respond to the request for a conference.
Source page 2Communications with chambers
Ex parte communications are strictly prohibited except upon consent of all counsel, or with respect to scheduling matters, or the presentation of Orders to Show Cause for signature.
Source page 2Courtroom conduct and technology
Parties who are not represented by counsel should address questions
Source page 2Communications with chambers
For Family Court matters- Lisa Kressman, Sr. Court Clerk (e-mail Lkressma@nycourts.gov )( including the case name, family unit number, date of the next appearance and the mailing address, phone number, and fax number of all counsel).
Source page 2Communications with chambers
For Supreme Court matters- Claudette McDermott, Sr. Court Clerk (e-mail CLMCDERM@nycourts.gov )( including the case name, INDEX number, date of the next appearance and the mailing address, phone number, and fax number of all counsel).
Source page 2Adjournments
In cases where all parties are represented by counsel, such inquires may be made via e-mail. Please note that no request for an adjournment will be
Source page 3Conferences and appearances
¢ in writing; and * made at least 72 hours prior to the appearance or submission date; and
Source page 3Conferences and appearances
e Provides at least two (2) alternate dates and times when all parties and attorneys are available to appear before the Court with such dates coordinated with the Family Court Calendar Clerk who can be reached by calling 845-431-1837.
Source page 3Adjournments
Adjournments of appearances without the consent of the other attorney(s) or party(ies) will not be granted unless: (1) there is an affirmation of prior engagement in full compliance with 22 NYCRR § 125.1, and it must include the date the conflicting appearance was scheduled; or (2) there are exceptional circumstances.
Source page 3Adjournments
Do not telephone the Court to determine the status of an adjournment request; the Court will respond as soon as possible. If you do not receive a response, it means the adjournment was not granted.
Source page 3Adjournments
Note that the party requesting the adjournment is responsible for notifying all parties and counsel of the status of the adjournment in writing, with a copy of that letter must be copied to the Court via facsimile. If all parties are represented, this confirmation can be sent via e-mail as described above. No additional notices to appear will be issued by the Court with the adjourn date.
Source page 3Communications with chambers
A notice of Appearance must be filed with the Family Court Clerk at the time that the counsel is retained (or with the Supreme Court Part Clerk if the matter is pending in the IDV Court or is an Article 78 matter) and must list the attorney’s address, phone number, fax and e-mail address. Once counsel has filed a Notice of Appearance, the attorney-of-record, or an
Source page 3Motion practice
attorney appearing on his or her behalf, is expected to appear at each and every court appearance with his or her client until the case is disposed of or counsel is relieved. Counsel must be discharged, and a Consent to Change Attorney form filed, or a motion to be relieved must have been made and granted, before counsel is relieved, Attorneys must comply with
Source page 4Conferences and appearances
Counsel who appear in Court must be fully familiar with the case, have met with their clients, and have authority to enter into any agreement, either substantive or procedural, on behalf of their clients. Counsel and their clients must be on time for all scheduled appearances. Scheduling conflicting appearances shall not be an acceptable excuse for tardiness.
Source page 4Motion practice
Before counsel is relieved, either a Consent to Change Attorney form must be filed or a motion to be relieved must have been made by Order to Show Cause and granted. Attorneys must comply with CPLR § 321.
Source page 4Communications with chambers
Notice of an Article 78 petition, and affidavits specified in the notice, shall be served on any adverse party at least twenty days before the time at which the petition is noticed to be heard, and shall be filed with the Court (one original and one chambers copy). An answer and supporting affidavits, if any, shall be served at least five days before said return date.
Source page 4Conferences and appearances
Return dates on Article 78 Petitions will not require appearances, unless the parties and counsel are notified otherwise by the Court.
Source page 4Adjournments
On consent: If the Article 78 proceeding is adjourned on consent, send a letter to Chambers copied to all parties identifying the date to which both parties seek the adjournment. Open-ended adjournment requests without a specific proposed adjourned date will not be considered. No more than two adjournments will be granted. The parties will be notified if their request for adjournment has been granted.
Source page 5Adjournments
Without consent: If a party does not consent to the requested adjournment, send a letter to Chambers indicating the reason for the adjournment request, and the reason for the refusal to consent. The parties will be notified if the request for an adjournment has been granted.
Source page 5Motion practice
Motions for pretrial hearings on all criminal matters shall be made in accordance with a schedule set forth by the Court and in accordance with the Criminal Procedure Law.
Source page 5Conferences and appearances
Orders must be submitted in accordance with 22 NYCRR § 202.48, either with Notice of Settlement attached to the proposed order, or as a fully proposed consent order with signatures from all parties and counsel whereby Notice of Settlement is waived. Each attorney submitting a proposed order is expected to take copious notes of the proceedings or to obtain a transcript of the proceedings so that the order accurately reflects the settlement placed on the record in open Court. If the proposed order is not reflective of the actual settlement reached, it will be returned to the attorney who drafted it and the attorney will be directed to correct the order and resubmit it within seven (7) days of it being returned.
Source page 5Communications with chambers
If a matter is settled, discontinued, or otherwise disposed, counsel (or petitioner if pro se) shall immediately provide written confirmation of the settlement to chambers via facsimile. If all parties are represented by counsel, this communication may be sent by email as noted above.
Source page 6Motion practice
Counsel shall also advise the Court if there are any outstanding motions or scheduled conferences, hearings or trial dates.
Source page 6Communications with chambers
Counsel must be familiar, and comply, with the provisions in 22 NYCRR 202.16. Upon receipt of the Preliminary Conference date all parties are to submit a working copy of all papers filed to chambers. No later than ten (10) days prior to the Preliminary Conference the parties will file and exchange those documents set forth in 22 NYCRR 202.16 (f)(1), including Net Worth Statements, pay stubs, W-2 statements, tax returns and statements of accounts.
Source page 6Conferences and appearances
Parties and counsel must be present at the preliminary conference.
Source page 7Conferences and appearances
Counsel are to inform their clients of the automatic order created by DRL §236(B)(2)(b) as soon as the attorney-client relationship is formed. Parties to matrimonial actions are to appear at all matrimonial conferences Unless otherwise directed by the Court.
Source page 7Motion practice
Both parties and counsel must appear on the return date of any pendente lite motion brought. The Court will conduct either a Preliminary Conference or conference on the motion, as _ appropriate.
Source page 7Adjournments
(A) General Rules: Given the Court's limited Court time, adjournments will only be granted in extenuating circumstances.
Source page 7Conferences and appearances
Counsel and parties appearing for a scheduled conference must be fully familiar with the action on which they appear and authorized to enter into binding agreements on all aspects of the case. Settlement proposals must be in writing and exchanged at least two (2) days before any settlement conference.
Source page 7Conferences and appearances
The preliminary conference order shall provide a date and time for the parties to appear at compliance conference.
Source page 7Filing and working copies
(2) 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 8Communications with chambers
(A) Parties who have a discovery dispute are NOT to wait until the Compliance Conference to bring such dispute or complaint to the Court’s attention. Rather, counsel ( or self-represented litigant) who believes that discovery is not being conducted in accordance with the Preliminary Conference ( or other Court ) Order is to discuss, in good faith, as required by Court Rule 202.7, the claimed non- compliance with the counsel or self-represented litigant. A pro- forma letter does not constitute a good faith effort. There must be actual substantive communication between counsel, either telephonically or in writing, regarding the claimed failure to engage in discovery and the claimed compliance or reason for noncompliance.
Source page 8Discovery
Exception: Where an Order of Protection prohibits one party from contacting another party, the party who believes that discovery is not being complied with shall contact the Principal Court Attorney without contacting the opposing party.
Source page 8Communications with chambers
(B) If counsel cannot resolve the discovery issue after a good faith effort, then the counsel who believes that discovery is not being conducted in accordance with the Court’s Order is to contact the Court to request an expedited conference. The parties are NOT to copy the Court on correspondence between counsel concerning discovery issues unless specifically requested to do so by the Court. The parties are not to make any discovery motion without having first requested the Court’s intervention by letter as provided for herein.
Source page 8Conferences and appearances
Within 45 days of the filing of a note of issue, the Court shall schedule a Pretrial Conference.
Source page 8Motion practice
(A) 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 disclosure shall be allowed only with leave of the Court on good cause shown. The statutory stay of disclosure (CPLR 3214[d]) upon the service of a dispositive motion under CPLR 3211 shall not apply to the service of these expert responses. Unless the Court directs otherwise, a party who fails to comply with this rule is precluded from offering the testimony and opinions of the expert for whom a timely response has not been given.
Source page 9Conferences and appearances
(D) Counsel should be prepared to discuss settlement and should have full authority from their respective clients.
Source page 9Adjournments
(B) 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
Source page 9Adjournments
Rules of the Chief Administrator of the Courts. Any application for an adjournment must be made in writing and must be supported by an
Source page 10Motion practice
2. file a brief concerning any unusual issue(s) counsel believes may arise at trial (motions in limine should be made at least 30 days before trial when possible)
Source page 10Trial exhibits and witnesses
(D) The plaintiff shall file and bring to the trial a copy of each of the
Source page 10Motion practice
(A) Motions are returnable on any day of the week. There will be no appearances unless specifically stated by the Court.
Source page 10Communications with chambers
(B) Original initiating motion papers should be submitted directly to the County Clerk accompanied by an affidavit/affirmation of service and the required fees. All answering and reply papers should be submitted directly to chambers. DO NOT SUBMIT COURTESY COPIES. MOTION PAPERS
Source page 10Motion practice
(C) Motion papers must be accompanied by proof of payment to the County Clerk of all required fees.
Source page 10Communications with chambers
(G) The Court does not accept sur-reply papers or correspondence on motions, nor any papers filed after the final submission date of the motion.
Source page 11Motion practice
(H) Motion papers, orders and judgments must be accompanied by a stamped, self-addressed envelope. Counsel submitting motions with a proposed order/judgment must submit an unattached copy of that proposed order/judgment. Counsel must provide an additional copy of any order and judgment submitted to conform to the original.
Source page 11Motion practice
(I) All motions will be decided by submission and personal appearances on the return date are not required unless the Court specifically directs oral argument.
Source page 11Motion practice
(J) Summary Judgment or other dispositive motions must be made within 60 days after filing the note of issue.
Source page 11Motion practice
(K) Any motions seeking to exclude potential evidence shall be made in writing and shall be returnable at least 30 days in advance of trial.
Source page 11Motion practice
(M) Counsel shall immediately notify the court when it becomes unnecessary to decide a motion.
Source page 11Filing and working copies
(A) Electronic Filing. All parties should familiarize themselves with the statewide E-Filing Rules (see Uniform Rules §§ 202.5-b and 202.5-bb, available at www.nycourts.gov/efile). General questions about e-filing should be addressed to the E-Filing Resource Center at (646) 386-3033 or
Source page 11Filing and working copies
All actions required to be filed electronically shall be filed through the New York State Courts EFiling system (NYSCEF), including proposed orders, proposed judgments, and letters.
Source page 12Motion practice
(B) Working Copies. This Part requires one working copy of each motion submission, including all exhibits and proposed orders (see Uniform Rule §202.5-b[d] [4]). The NYSCEF Confirmation Notice generated when the motion is e-filed must be firmly attached to the front page of the motion submission. Working copies that do not include the NYSCEF Confirmation Notice
Source page 12Communications with chambers
may be rejected. Working copies shall be received by Chambers on or before the return date or notice of settlement date.
Source page 12Trial exhibits and witnesses
Any applications addressing the preclusion of evidence, testimony or other trial related matters shall be brought to the attention of the court immediately upon counsel becoming aware of such matter to be addressed, it being the intent to avoid applications made on the eve of, or during trial of a matter. Failure to bring the matter before the court in a timely fashion may result in summary denial of such application.
Source page 12Motion 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 12Motion practice
(B) Where a party's summary judgment motion is or will be based in whole or in part upon the granting of a motion directed at precluding or limiting expert testimony made pursuant to this part of this order, the motions' return date shall be the same.
Source page 12Adjournments
(A) Adjournments of scheduled trials and hearings are not permitted except as provided in 22 NYCRR §125.1 and in accordance with the procedure set forth therein.
Source page 12Adjournments
(B) Adjournments of motions and conferences may be requested on consent of opposing counsel. After obtaining such consent, the requesting party must fax the adjournment request to 845-483-8451 to obtain a new date. AREQUEST TO
Source page 13Adjournments
All adjournments must be confirmed in writing to the Court, by the requesting party, and a copy of the letter sent to all parties. No more than two adjournments shall be permitted on any matter unless good cause is shown upon written application made to and approved by the Court.
Source page 13Shared 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 July 26, 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 ↗