Effective June 1, 2017
Whether by motion or stipulation an application to extend the time to file a Note of issue may only be granted under the following circumstances:
1 The order must be accompanied by a final and definitive enumeration of Discovery which remains outstanding;
- Any order which grants the extension must contain language of preclusion or striking of a pleading for failure to strictly adhere to the Discovery scheduled therein;
- Outside of extraordinary circumstances, the time within which to file the Note of Issue should not be extended for more than 60 days.
Ordinarily, no further extensions of time to file a Note of Issue should be granted. If a party fails to adhere to the strict schedule provided in the prior order of extension, the conditional language of that prior order should have resolved the issue. However, if good cause is shown for failure to comply, it will remain within the sound discretion of the Referee/JHO to permit the forthwith filing of a Note of Issue while concurrently directing that limited Discovery be completed thereafter.