Effective 5 p.m. on Monday, March 16, the courts will be postponing all nonessential functions of the courts until further notice.
Please note that, in addressing essential applications, judges will exercise judicial discretion in a manner designed to minimize court appearance and traffic in the courts.
If you have any questions regarding court appearances, feel free to contact me at 212-233-0666.
Our office handles cases in both Kings Civil and Kings Supreme Court. Most law firms hire us in Kings Civil Supreme Court for the following type of appearances:
- Preliminary Conferences
- Compliance Conferences
- Status Conferences
- Order to Show Cause
- Foreclosure Conferences
GENERAL INFORMATION REGARDING CENTRAL COMPLIANCE PART (CCP)
Supreme Court of the State of New York, Kings County
360 Adams Street
Brooklyn, NY 11201
Courtroom Phone #: 347-296-1626.
Conferences and motions begin at 9:30 a.m.
CCP is the Central Compliance Part in Kings County. It is perhaps the slowest moving part in the New York court system (and that is saying something). It is not unusual to have to return after lunch for an order that was entered into on consent.
First check the calendar outside the courtroom and find it if your case is on. Circle your firms name and write your phone number on the calendar. Call out your case name or your adversary's firm name.Then begin filling out a compliance conference order form.
Most motions are resolved on consent in CCP. Motions on consent you simply need to fill out a short form order. In the front of the courtroom, there is a large cubicle with the motion and conference clerks. If the referee can get all parties to come to to an agreement, the order will be sent to the judge to be signed and you must wait for the signed order.
CCP Calendar Calls
First Call: 10:45
Second Call (default): 11:45
You may either make an application during the calendar calls or request one from the clerk before or after the call. Be aware that an adjournment will be granted for failure to provide a bill of particulars.
General Foreclosure Rules
1. All foreclosure matters dealing with the same block and lot number shall be assigned to the same judge even where an earlier matter has been previously disposed.
2. In all foreclosure proceedings, the following form orders, judgments and applications, available at the Clerk's office or online, must be utilized: the Order of Reference; the Judgement of Foreclosure and Sale; a Deficiency Judgment; the Order in a Surplus Money Proceeding; and the Referee's Application for Additional Compensation.
3. The Ex-Parte Clerk is authorized to reject:
- Motion papers that are not in compliance with the CPLR;
- Motion papers filed less than five (5) days before the return date of the motion;
- An application for an Order of Reference or Judgment that does not contain a statement pursuant to CPLR 3408, indicating eligibility/exemption from conference;
- A notice of sale that does not comply with Rule 12;
- An application for surplus money that does not contain a recognized title search or its equivalent as an exhibit.
- A discontinuance in a foreclosure action except upon court order after an RJI has been filed.
4. A proposed order must be attached to any motion submitted to the E-file / Motion Support Office. In the event that a proposed order is not submitted with the motion, it must be submitted to the IAS Judge within 60 days or the motion may be deemed abandoned.
5. Each Order of Reference must have appended thereto, the history of the property by way of a chain of assignment, the date of the assignment, and a reference to the tab where that assignment is located.
6. If opposed, motions will be adjourned by the clerk to the assigned judge's next available motion date for argument.
7. Every affidavit for an exemption from a conference made pursuant to CPLR 3408 and RPAPL 1304 must specify the grounds for same and provide supporting documentation and affidavits from persons with direct knowledge. Where the claim is that the borrower is not living in the subject house, then an affidavit of investigation substantiating this allegation must be appended which states inter alia that the borrower is not living in the house and that no action by the mortgagee or its agents procured same. This affidavit shall be included in the motion for a Judgment of Foreclosure and Sale.
8. Within one year after the signing and entry of an Order of Reference, an application for a Judgment of Foreclosure and Sale must be made. Such period of time will be suspended by the filing a Forbearance or Settlement Agreement with the clerk of this court. Failure to comply will result in an automatic dismissal of the action.
9. The court-appointed referee shall determine the date of the sale which is to be held at the time and place indicated in the Judgement of Foreclosure and Sale and shall notify plaintiff sufficiently in advance thereof to permit publication of the Notice of Sale in compliance with RPAPL §231.
10. It is the plaintiff's responsibility to arrange for publication. The costs of publication may be recouped from the proceeds of the sale.
11. A Notice of Sale must be submitted to the Foreclosure Department at least ten (10) days prior to the date of the auction. A copy of the Notice of Sale must simultaneously be sent to the owner of the equity of redemption at both his/her last known address and the property address. An affidavit of service of such notice shall be presented to the clerk on or before the auction sale.
12. It is the plaintiff's responsibility to notify the referee of any encumbrances in advance of the sale date.
13. In the event plaintiff adjourns or cancels the sale, at least five (5) days notice, both written and telephonic must be given to the referee. If such notice is not timely given, plaintiff shall pay $250.00 to the referee in compensation.
14. A legally competent representative of plaintiff authorized to act on plaintiff's behalf, must appear at the auction sale.
15. The upset price may not be greater than the amount stated in the referee's report of sale together with CPLR judgment interest running from the filing of the Judgment of Foreclosure and Sale together with the amount represented by receipted bills for taxes. The referee appointed for the sale of the property may add judgment interest and taxes to the upset price at the time of the auction. Any additional maintenance charges or other expenses must be by separate order of the Court.
16. All Forbearance Agreements must be filed with the Foreclosure Clerk of the Court within twenty (20) days of the execution thereof.
17. No action may be discontinued except upon application to discontinue or stipulation by the plaintiff to discontinue submitted for approval by the Court. Payment of the fee required by CPLR 8020(d)(1) shall precede submission of the proposed discontinuance to the Court. Where a defendant homeowner has appeared for a settlement conference in a residential foreclosure action, either in person or by an attorney, an application to discontinue or stipulation of discontinuance must be served on opposing counsel or pro se defendant.
Commercial Division Rules
Any party requesting a preliminary conference must annex a copy of the pleadings to the RJI when the request is filed with the Court.
Other than as expressly provided in the Rules of the Commercial Division or upon instruction of the Court, the Court will not accept or entertain letter applications for substantive relief. Unless directed by the Court, no communications are to be FAXED to chambers other than Stipulations of Adjournment in compliance with these rules, PC Orders prepared in conformity with Rule 7, or disclosure-related communications pursuant to Rule 18.
Courtesy copies should not be provided unless the Court so directs.
Preliminary Conferences. All preliminary and compliance conferences will be held on Wednesdays beginning at 9:45 AM unless otherwise directed by the Court. The conference calendar will be called after the first call of the motion calendar.
Online Preliminary Conference Orders. Preliminary Conference Orders may be entered on consent of the Court and all parties by printing and filling out the Preliminary Conference Form posted on the Kings County Commercial Division website. Following a conference call with the Court, the PC order, executed by all parties, must be faxed to Chambers two (2) business days prior to the date scheduled for the PC conference. Failure to timely comply with the procedural constraints herein will require an appearance on the scheduled date.
Prior to appearing for a preliminary conference, counsel should confer with clients so that schedules can be set for discovery.
Adjournment of Preliminary Conference. Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate.
Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference. Stipulations may be faxed to the Judge's chambers. Fax numbers may be found on the Kings County Commercial Division website under the Judges' Part and Chambers Information.
The Court will entertain motions, as scheduled in the New York Law Journal and on E-Courts, on Wednesdays unless otherwise directed by the Court. Information on future court appearances is available on E-Courts. All motions require appearances and oral argument. All responsive papers must be filed with the Motion Support Office or the Clerk of the Part at least two (2) business days before the scheduled date of the motion.
The first call of the motion calendar will be at 9:45 AM. The second and final call will be held at 10:15 AM.
An appearance by an attorney with knowledge of the case and authority to bind the party is required on all motions and conferences.
Upon the argument of a dispositive motion, the Court will determine whether discovery shall proceed pending the motion.
Adjournment of Motions. Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Court's consent. Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all counsel must be provided in the cover letter or the stipulation.
Disclosure Disputes. Parties must comply with the Uniform Rules, §202.70(g), Rule 14, regarding consultation among counsel prior to contacting the Court. If counsel are unable to resolve a dispute, the party seeking Court intervention shall send a letter to the Court, of no more than two (2) pages, upon notice to all parties, describing the problem and the relief requested. Such letter may be answered within eight (8) days by letter of no more than two (2) pages, also on notice to all parties. The party requesting relief shall then contact Chambers to arrange a conference (preferably by telephone) to resolve such dispute. If no effort is made by counsel to schedule such conference, the Court will infer that the matter has been resolved and will take no action. The Court may order that a motion be made but no discovery motion will be entertained without prior compliance wit this rule.
Orders to Show Cause
Temporary Restraining Orders
Orders to Show Cause are argued on the date indicated in the order unless otherwise adjourned with the consent of the court.
Where no affidavit of prejudice has been provided pursuant to Uniform Rules, §202.70(g)(3), Rule 20, notice of applications for Temporary Restraining Orders (TRO) contained in an Order to Show Cause must be given to opposing counsel, or parties if no attorney has previously appeared, at least six hours in advance of submission to the court and must contain a specific time and date of submission so as to afford an opportunity to appear. Proof of such notice (which may be by attorney's affirmation) must accompany the proposed Order.
Contested applications for TROs will not be heard after 4:00 PM absent extraordinarily compelling circumstances. [See Uniform Rules, §202.70(g), Rule 20. Temporary Restraining Orders]