Judge Anne J. Swern
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
- Email • Upon Filing
- Not Required
All filings
Court-wide- When Fully Briefed
Terms Of Sale
Court-wide- Upon request
Adjournments
- In NYSCEF cases, an appearance or adjournment stipulation must be electronically filed at least two business days before the return date.
Communication
Chambers8 contacts
- 347-296-1486
- 347-401-9260
- 347-296-1527
- 347-404-9954
- 347-296-1555
- 347-296-1664
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- (347) 296-1666
- 347-296-1521
Clerk5 contacts
- ksccvpart75@nycourts.gov
- akaminski@nycourts.gov
- tnuccio@nycourts.gov
- 347-296-1599
- (347) 296-1626
Other Contacts1 contacts
- 347-296-1740
Document Format Requirements1 rule
Proposed jury charges must be emailed to both law clerks in both Word and PDF formats.
Proposed Requests to Charge: The proposed charges must be submitted in Word and PDF format by email to Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov.
Document Filing Requirements17 rules
The attorney affirmation must address all captioned defendants and their status, describe the incident and liability issues in detail, and provide the attorney's Office of Court Administration retainer number.
The attorney affirmation must:Account for all defendants named in the caption and indicate dismissals, discontinuances, or defaults or settlements in appearances. Must include a detailed description of the incident and liability issues. The attorney’s retainer number with the Office of Court Administration.
Document Type
Attorney Affirmation
A stipulation must account for every party named in the caption.
The stipulation must account for all parties in the caption.
Document Type
Stipulation
A stipulation concerning a motion or consented adjournment must state that the motion is resolved in its entirety or withdrawn.
Stipulations and Adjournments on Consent. All stipulations must contain the following:Resolving the motion in its entirety, or Withdrawing the motion.
Document Type
Stipulation
Counsel must provide copies of all deposition transcripts intended for use at trial.
Depositions: A copy of all deposition transcripts counsel intends to use at trial.
Document Type
Deposition Transcripts
Unadjudicated evidentiary, procedural, or substantive legal issues must be raised before trial through a written or oral motion in limine.
Any potential evidentiary questions or procedural or substantive law matter not previously adjudicated shall be brought to the Court’s attention and addressed before trial by way of a written or oral motion in limine.
Document Type
Motion In Limine
A written motion in limine must include a memorandum of law citing the Official Reports, and copies of cited decisions and statutes should be furnished before the plaintiff's case begins or when requested.
A written memorandum of law with citations to the Official Reports is required. Citations and copies of relevant court decisions and statutes should be furnished to the Court prior to commencement of plaintiff’s case and when otherwise requested by the Court.
Document Type
Written Motion In Limine
Before trial, counsel must submit hard copies of marked pleadings, including complaints, answers, notices to admit, and bills of particulars.
Marked Pleadings and Bill of Particulars: Hard copies of the marked pleadings, including all Complaints, Answers, Notices to Admit and Bills of Particulars pursuant to CPLR § 4012 and the Uniform Rules for Civil Supreme Court § 202.35.
Document Type
Marked Pleadings And Bill Of Particulars
Counsel must premark trial exhibits in introduction order, use party-specific numbering or lettering, and submit an exhibit list to the Part Clerk for official marking before trial.
Exhibits:Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. Plaintiffs will number their exhibits and defendants will letter their exhibits. A list of the exhibits. The Part Clerk, who will officially mark them before trial.
Document Type
Trial Exhibit List
A stipulation must state the reason whenever a named party is omitted.
If a named party is not included in the stipulation for any reason (e.g., the party has not appeared or the action has been discontinued against the party, etc.), the reason for the exclusion must be stated in the stipulation.
Document Type
Stipulation
The infant-compromise petition must include medical records, a physician affidavit based on an examination within six months, all settlement letters, a no-liens affidavit, any written lien waiver, and an infant's consent affidavit when the infant is at least 14.
The petition must include the following:The infant’s medical reports/records. A physician affirmation based on a physical examination within six months of the submission. All settlement letters. An affirmation of no outstanding/unpaid liens. If the liens are being waived, the petition must include a copy of the written waiver. An affidavit of consent from an infant fourteen (14) years or older.
Document Type
Infant Compromise Petition
A previously signed or denied compromise order from the same or another proceeding must be attached as an exhibit.
If a compromise order was previously signed or denied in this action or other proceeding, such order must be attached as an exhibit.
Document Type
Infant Compromise Petition
A motion stipulation must include a briefing schedule.
All stipulations must include the following:The stipulation must have a briefing schedule.
Document Type
Stipulation
Every short-form order must recite the papers as required by CPLR § 2219(a).
Short Form Orders: All Short Form Orders must contain a recitation of the papers as required by CPLR § 2219(a).
Document Type
Short Form Order
An amendment to a compromise order must include the original order, an attorney affidavit explaining the proposed amendment and reason, and any other necessary papers.
Any amendments to compromise orders must include a copy of the original compromise order and an attorney affirmation detailing the proposed amendment and the reason for it, in addition to any other necessary papers.
Document Type
Infant Compromise Order Amendment
Counsel must submit a potential-witness list in intended call order, including experts, their expertise, expected testimony summaries, and interpreters.
Witnesses: A list of potential witnesses in the order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony, as well as any interpreters.
Document Type
Potential Witness List
If any part of an infant settlement is structured, the resulting order must state the annuity's cost.
If any portion of the settlement is structured, the cost of the annuity must be stated in the order.
Document Type
Infant Compromise Order
The parties should supplement requested jury charges as needed based on in-limine rulings and trial developments, and the charge conference occurs after the evidence concludes but before summations.
The parties should be prepared to supplement their requested charges, as necessary, based on the Court’s rulings on motions in limine and during the trial. The charge conference shall be held after the conclusion of evidence before summations.
Document Type
Jury Instructions
Filing & Service rules
Electronic Filing Rules
All subpoenas in NYSCEF cases must be electronically filed for approval by the subpoena records room.
NYSCEF/E-Filed Actions: All subpoenas must be e-filed for approval by the subpoena records room.
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All motion papers in NYSCEF cases must be filed electronically through NYSCEF.
All motion papers must be filed electronically through NYSCEF.
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Subpoenas in pro se non-NYSCEF actions must be submitted to the subpoena records room for approval.
Pro Se Non-NYSCEF/E-filed Actions: The subpoenas shall be submitted to the subpoena records room for approval.
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An action in which every party is represented by counsel must be converted to NYSCEF.
Where all parties are represented by counsel, the parties must convert the action to NYSCEF.
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Infant-compromise petitions and all supplemental submissions in NYSCEF cases must be filed through NYSCEF.
NYSECF/E-Filed Actions: Petitions for infant compromise orders must be filed through NYSCEF. Any supplemental submissions must be uploaded through NYSCEF as well.
Page 1 | INFANT COMPROMISE ORDERS
In a pro se action not participating in NYSCEF, motion papers must be filed in person or by mail at the Motion Support Office with the filing fee.
Pro Se Non-NYSCEF/E-Filed Actions: Where the action does not participate in NYSCEF, motion papers must be filed by in person or by mail to the Motion Support Office, 360 Adams Street, Room 227, together with the filing fee.
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In pro se non-NYSCEF cases, infant-compromise petitions must be submitted to Motion Support and supplemental submissions to the Part Clerk.
Pro Se Non-NYSECF/E-Filed Actions: Petitions for infant compromise orders must be submitted to Motion Support. Any supplemental submissions must be submitted to the Part Clerk.
Page 1 | INFANT COMPROMISE ORDERS
Parties may optionally bring particular exhibits or affidavits to court in hard-copy form.
Parties may choose to bring specific exhibits or affidavits in hard copy for the Court.
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Service and Proof of Service Rules
Post-Note-of-Issue dispositive motions must be served within 60 days after the Note of Issue is filed.
All post-note of issue dispositive motions must be served no later than sixty (60) days after the filing of the Note of Issue.
Page 1 | DISCOVERY & POST-NOTE OF ISSUE DISPOSITIVE MOTIONS
Motion papers and answering or reply affidavits in pro se non-NYSCEF actions must be served under CPLR § 2214 or the latest Administrative Order unless otherwise stipulated or ordered.
Motion papers, answering affidavits and reply affidavits must be served on the parties in accordance with CPLR § 2214 or the most recent Administrative Order, unless otherwise stipulated or ordered.
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A motion to consolidate requires proof of service to parties in the other index numbers by email or First Class Mail.
Motions to Consolidate: The parties must provide proof of service by email or First Class Mail for the parties in the other index numbers.
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Filing Fees and Waivers
A filing fee must accompany motion papers submitted in person or by mail to the Motion Support Office in a pro se non-NYSCEF action.
Pro Se Non-NYSCEF/E-Filed Actions: Where the action does not participate in NYSCEF, motion papers must be filed by in person or by mail to the Motion Support Office, 360 Adams Street, Room 227, together with the filing fee.
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Courtesy Copy Requirements
In pro se non-NYSCEF actions, parties should, if possible, email courtesy copies of motion papers in PDF format to both law clerks.
The parties shall submit courtesy copies of motion papers in PDF format to chambers, if possible. Please email the papers to Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov.
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In pro se non-NYSCEF infant-compromise matters, a PDF courtesy copy of the papers should be emailed to both law clerks if possible.
A courtesy copy in PDF format of papers shall be submitted to chambers, if possible. Please email the papers to akaminski@nycourts.gov and tnuccio@nycourts.gov.
Page 1 | INFANT COMPROMISE ORDERS
Hard-copy and courtesy copies of motion papers are not required in NYSCEF cases.
NYSCEF/E-Filed Actions: Hard copies/courtesy copies of motion papers are not required for e-filed actions.
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Adjournment & Extension Requirements
A consented adjournment must be requested by stipulation rather than by email, letter, or telephone.
All requests for an adjournment on consent must be in the form of a stipulation. Adjournments shall not be requested in an email, letter or by telephone.
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A contested adjournment must be requested orally before the court on the motion's return date.
Contested Adjournments: An oral application for an adjournment shall be made before the Court on the return date.
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In NYSCEF cases, an appearance or adjournment stipulation must be electronically filed at least two business days before the return date.
For NYSCEF/e-file actions, the stipulation must be e-filed at least two (2) business days before the return date.
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Any adjournment beyond the first requires good cause for failure to comply with the briefing schedule, regardless of who obtained the initial adjournment.
There will be no additional adjournments without good cause shown for failing to comply with the briefing schedule regardless of which party requested the initial adjournment.
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The court permits one adjournment as of right without prior court approval.
The Court will allow one adjournment as of right without prior approval of the Court.
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Chambers Communication Rules
A pro se non-NYSCEF appearance or adjournment stipulation must be emailed to the Part Clerk and both law clerks.
For Pro Se non-NYSCEF/e-file actions, email the stipulation to the Part Clerk at ksccvpart75@nycourts.gov, Ashley Kaminski at akaminski@nycourts.gov, and Teresa Nuccio at tnuccio@nycourts.gov.
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For an additional adjournment, the parties must either appear on the return date or email the court with details showing good cause.
The parties must appear on the return date to request additional adjournments. OR The parties must email the Court detailing good cause shown with the request for an additional adjournment.
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A party or witness needing an accessible courtroom must email both law clerks before jury selection begins because the Part 75 courtroom is not accessible to persons who cannot use stairs.
Handicapped Accessibility: The Courtroom for Part 75 is not handicapped accessible for people who cannot use the stairs. If a party or witness needs a handicapped accessible courtroom, please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov before jury selection commences.
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The parties must notify chambers of scheduling conflicts after jury selection is complete.
Scheduling Conflicts: The parties shall notify chambers concerning the scheduling issues after the completion of jury selection.
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Email senders must include the index number and caption in the subject line and must not copy the Judge on emails to the Court.
The email’s subject line must state the index number and caption. Do not copy the Judge on any emails to the Court.
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Telephone contact with Chambers is prohibited; relevant emails must be sent to both law clerks, copied to all attorneys and unrepresented litigants, labeled with the index number and caption, and not copied to the judge.
Telephone calls to Chambers are not permitted. Please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov, with a copy to all attorneys and unrepresented litigants. The email’s subject line must state the index number and caption. Do not copy the Judge on any emails to the Court.
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Telephone calls to Chambers are prohibited.
Telephone calls to Chambers are not permitted.
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Pending-case and calendar-status inquiries must be directed to the Part 75 Clerk by email at ksccvpart75@nycourts.gov or by telephone at 347-296-1599.
All inquiries on a pending case or calendar status, shall be made to the Part 75 Clerk at ksccvpart75@nycourts.gov or 347-296-1599.
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Discovery inquiries should be directed to the Centralized Compliance Part at (347) 296-1626.
All inquiries pertaining to discovery matters should be directed to the Centralized Compliance Part (CCP) at (347) 296-1626.
Page 1 | DISCOVERY & POST-NOTE OF ISSUE DISPOSITIVE MOTIONS
Before filing the Note of Issue, the parties may request a virtual settlement conference by emailing both law clerks and copying all attorneys and unrepresented litigants.
The parties may request a settlement conference at any time before the filing of the Note of Issue by emailing Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov, with a copy to all attorneys and unrepresented litigants.
Page 1 | SETTLEMENT CONFERENCES
Parties needing court-provided technology must email both law clerks when jury selection is completed.
Technology: If the parties need technology provided by the Court, please email Ashley Kaminski at akaminski@nycourts.gov and Teresa Nuccio at tnuccio@nycourts.gov when jury selection is completed.
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