Westchester Supreme Court Update

The NYS Office of Court Administration (OCA) is currently undergoing a change in the way they provide information to the Bar and eLaw. The format and structure of such data has been changed in a way that has caused a delay in the eLaw and court systems which process the data in Westchester Supreme.  Please be advised that eLaw, the company that has been awarded the best docketing and calendar software in New York for the last six years by the readers of the New York Law Journal, has made the changes and is ready to go with all Westchester Supreme data.

For those attorneys that rely on other sources to get up-to-date Westchester appearance and decision information that is a month behind, please contact eLaw and we can track those matters for free for the life of the case(s) and possibly sync the court information to your case management system, Outlook® or Google Calendar™ or iPhones® or Android™ calendars.

Please call 973 642-1440 x 8 for additional details.

 

Suffolk County Supreme Court Update

Please note the clerks at the courthouses cannot accept papers filed for the purposed of commencing an action or special proceeding. Papers improperly filed with the clerks at the courthouses will be returned to the litigant.  Additionally, the RJI must be filed with the county clerk’s office the courthouse clerks will not accept copies of the RJI without the County Clerk’s certification that the filing fee has been paid.  The County Clerk requests that the RJI and fee not be accompanied by papers for submission to the court.  Please include a self-addressed envelope in your order to expedite the return of the RJI receipt.

Extension of Time to File a Note of Issue for THE CITY PARTS in SUPREME KINGS

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;

  1. 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;
  2. 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.

2017 Rockland County Purge

“June 16, 2017 Rockland County Purge” Just like the court recently did in Kings, Rockland is following suit. Here is the notice, if eLaw can help in any way including sending a per diem to cover the calendar, let me know The administrative judge’s office has directed that “these cases need to be brought in before a Judge to see why there has been a delay in completing the case. If the case has been marked stayed, please have the attorney verify that the stay is still in effect and that the case has not been disposed in Bankruptcy Court.” All parties are to appear on June 16th, 2017 , at 10:00 a.m. in Courtroom #1 on the fourth floor. Plaintiff, you must notify ALL PARTIES and bring such notification with you to be filed with the Clerk of the Part. Failure to appear will cause the action to be deemed abandoned and dismissed.

NOTICE OF ADMINISTRATIVE DISMISSAL

The Civil Term of the New York State Supreme Court in Kings County has calendared for administrative dismissal all actions commenced prior to January 1, 2016, wherein no activity has been reported after September 30, 2016 and no future date has been scheduled for a court appearance.

The calendar will be called on Tuesday, May 9, 2017, in Room 224, at the Courthouse located at 360 Adams Street, Brooklyn, NY 11201, promptly at 2:00 PM.

Interested parties who seek and/or agree to have their case remain active, must file a Notice of Intent to prosecute/defend or a stipulation agreeing to restore the case to the calendar with the Motion Support Office, Room 227, prior to Monday, May 1, 2017.  Failure to do so, shall result in the administrative dismissal of the action.

Administrative dismissals noticed herein do not supersede the provisions of any prior court orders or directives.