Judge Consuelo Mallafre
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Courtesy copies
Motion
All filings
Court-wide- When Fully Briefed
Terms Of Sale
Court-wide- Upon request
Communication
Chambers
Chambers
Phone
Clerk
Phone
Chambers
Clerk
Clerk
Phone
Court-wideClerk
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Court-wideDuty Judge
Document Format Requirements1 rule
A proposed order's signature line may not appear on a page containing no other writing.
The Court’s signature line must not appear on a page with no other writing.
DOCX
Document Filing Requirements15 rules
Counsel must furnish the Bill of Particulars and marked pleadings to the court before trial.
Before trial, counsel shall furnish to the Court the Bill of Particulars and the marked pleadings, pursuant to CPLR § 4012.
Document Type
Trial Submission
A previously issued compromise order must be attached as an exhibit, and the resulting partial settlement must be identified in the attorney affirmation supporting the final order.
If a Compromise Order was signed as to a previously settling defendant, such order must be attached as an exhibit and the partial settlement so stated in the attorney affirmation in support of the final Compromise Order.
Document Type
Compromise Submission
Every compromise submission must include either a letter confirming the proposed settlement amount or a party stipulation reflecting that amount.
Additionally, all submissions shall include either a letter confirming the proposed settlement amount or a stipulation of the parties reflecting same.
Document Type
Compromise Submission
A death compromise petition must include the death certificate, retainer agreement, letters of administration, and any lien letters.
Death Compromise Petitions shall include the death certificate, retainer agreement, letters of administration, and any lien letters.
Document Type
Death Compromise Petition
Petitions to withdraw funds or amend compromise orders must include the original order and an attorney affirmation detailing the amendment and its reason.
Petitions to Withdraw Funds and Petitions to amend 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
Compromise Amendment Petition
A proposed order must be emailed to chambers in Word format by the Friday after argument.
Proposed orders SHALL be emailed to Chambers on a word document (not pdf) by the Friday after the motion is argued.
Document Type
Proposed Order
Counsel must premark trial exhibits in introduction order and provide an exhibit list to the court before trial.
Counsel shall pre-mark all exhibits in the order they intend to introduce them at trial. A list of the exhibits shall also be provided to the Court before trial.
Document Type
Exhibit List
Infant compromise submissions must include the infant's medical reports, physician affirmation, parent affidavit, structured settlement proposals, and no-liens affirmation.
The infant’s medical reports, a physician affirmation, parent affidavit, any structured settlement proposals, and an affirmation of no liens are required with the submissions.
Document Type
Infant Compromise Petition
A motion in limine must include a written memorandum of law citing the Official Reports.
A written memorandum of law with citations to the Official Reports is required.
Document Type
Motion In Limine
Before trial, counsel must provide an ordered witness list with addresses, expertise, and expected testimony, using business addresses for professional witnesses.
Before trial, Counsel shall provide to the Court a list of potential witnesses and addresses (professional witnesses must provide business addresses) in order in which they intend to call them at trial, including expert witnesses, their expertise, and a summary of expected trial testimony.
Document Type
Witness List
Proposed jury charges and verdict sheets must be emailed to both law clerks in Microsoft Word format when plaintiff's expert testimony concludes.
All proposed jury charges and proposed verdict sheets shall be emailed to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov as a Microsoft Word document at the conclusion of Plaintiff’s expert’s testimony.
Document Type
Proposed Jury Instructions
A copy of every deposition intended for use at trial must be furnished to the court when trial begins.
A copy of depositions intended to be used at trial shall be furnished to the Court at the commencement of the trial.
Document Type
Deposition
Counsel must notify the court before trial if an interpreter is needed.
Counsel shall apprise the Court of the need for an interpreter before the commencement of the trial, especially for a language other than Spanish.
Document Type
Trial Submission
Citations and copies of relevant court decisions and statutes must be furnished before plaintiff's case begins and whenever the court requests them.
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
Trial Submission
A settlement-conference request email must be copied to all counsel and include the caption, index number, action status, and reason for the request.
Emails must be on notice to all counsel and include the caption, index number, brief summary of the status of the action, and reason for the requested conference.
Document Type
Letter
Filing & Service rules
Electronic Filing Rules
Counsel must submit and file on NYSCEF any motions in limine 30 days before trial and email them to both law clerks.
At the Pre-Trial Conference, counsel must submit any motions in limine 30 days before the commencement of a trial to the law clerks: ngrieco@nycourts.gov and anadler@nycourts.gov and filed on NYSCEF.
Page 1 | TRIALS — Motions in Limine
Death and infant compromise petitions must be filed on NYSCEF and copied to chambers rather than submitted by order to show cause or notice of motion.
THE COURT WILL NOT ACCEPT PROPOSED DEATH COMPROMISE ORDERS OR PROPOSED INFANT COMPROMISE ORDERS BY ORDER TO SHOW CAUSE OR NOTICE OF MOTION. THESE PETITIONS MUST BE FILED ON NYSCEF AND A COPY EMAILED TO CHAMBERS.
Page 1 | DEATH COMPROMISE and INFANT COMPROMISE ORDERS
A compromise petition in an action not participating in NYSCEF must be filed at the Motion Support Office in Room 227.
Where the action does not participate in NYSCEF, petitions shall be filed in the Motion Support Office, at 360 Adams Street, Room 227.
Page 1 | DEATH COMPROMISE and INFANT COMPROMISE ORDERS
Cases must use e-filing through NYSCEF, but a non-consenting pro se party may file in Motion Support and must email courtesy copies to chambers with all parties copied.
All cases shall be converted to e-filing. Papers shall be filed through NYSCEF, except where a pro se party has not consented. In such cases, the non-consenting party must file papers in Motion Support and email copies to chambers, copied to all parties.
Page 1 | E-FILING
Filing Timing and Cure Windows
When the Note of Issue was filed on or after November 1, 2026, summary judgment must be filed within two months unless the court grants leave for good cause under Brill or all parties stipulate.
For cases with a Note of Issue filed on or after NOVEMBER 1, 2026: a motion for summary judgment shall be made no later than two months after filing the Note of Issue, rather than 60 days, except with leave of Court on good cause shown pursuant to Brill, or by Stipulation of all parties.
Page 1 | SUMMARY JUDGMENT MOTIONS
When the Note of Issue was filed before November 1, 2026, summary judgment must be filed within 90 days unless the court grants leave for good cause under Brill or all parties stipulate.
For cases with a Note of Issue filed before NOVEMEBER 1, 2026: a motion for summary judgment shall be made no later than 90 days after filing the Note of Issue, except with leave of Court on good cause shown pursuant to Brill or by Stipulation of all parties.
Page 1 | SUMMARY JUDGMENT MOTIONS
Reply papers must be served and filed on NYSCEF by the Friday before the motion's return date.
REPLY PAPERS MUST BE SERVED AND FILED ON NYSCEF BY THE FRIDAY BEFORE THE RETURN DATE OF THE MOTION.
Page 1 | SUMMARY JUDGMENT MOTIONS
Courtesy Copy Requirements
A courtesy copy must be delivered to chambers for an action that is not e-filed.
Non-e-filed actions require a Courtesy Copy delivered to Chambers.
Page 1 | DEATH COMPROMISE and INFANT COMPROMISE ORDERS
Working copies of e-filed motions are not required.
WORKING COPIES OF E-FILED MOTIONS ARE NOT REQUIRED.
Page 1 | E-FILING
Sealing & Redaction Procedures
When plaintiff files a redacted expert affirmation, the unredacted version must be presented for in camera inspection on the oral-argument date.
Where Plaintiff has submitted a redacted expert affirmation, the unredacted affirmation must be presented to the Court for in camera inspection by mail, email (ngrieco@nycourts.gov; anadler@nycourts.gov), or in person on the date of oral argument.
Page 1 | SUMMARY JUDGMENT MOTIONS
Adjournment & Extension Requirements
Chambers will not extend a Part 63 Note of Issue; extension requests must be made to the Note of Issue-Final Conference Part.
Chambers will not extend the note of issue on a Part 63 case. Those requests must be made to the Note of Issue-Final Conference Part (NIFCP).
Page 1 | DISCOVERY / DISCOVERY MOTIONS
First motion adjournments and withdrawals must be emailed to both law clerks by noon on the preceding Friday or else require an in-person appearance.
All first adjournments or withdrawals of motions must be emailed to Chambers to ngrieco@nycourts.gov and anadler@nycourts.gov by noon of the Friday before the return date, otherwise an appearance in person is required.
Page 1 | MOTIONS – GENERALLY
Further adjournment requests require consent from all parties and must be made in person on the return date or by email to chambers two weeks before that date, subject to judicial discretion.
Further requests for adjournments shall be by application in person on the return date OR emailed to Chambers, on Consent of all parties, two weeks before the return date of the motion. Such requests shall subject to the Court’s discretion.
Page 1 | MOTIONS – GENERALLY
Chambers will not adjourn Part 63 appearances in the PC, CCP, or NI-FCP; requests must be made directly to the relevant part.
Chambers will not adjourn appearances in the Preliminary Conference Part (PC), Central Compliance Part (CCP), or the Note of Issue-Final Conference Part (NI-FCP) on Part 63 cases. Please contact those parts directly.
Page 1 | DISCOVERY / DISCOVERY MOTIONS
Only one stipulated adjournment is allowed for a summary judgment motion.
ONLY ONE (1) ADJOURNMENT BY STIPULATION WILL BE ALLOWED ON SUMMARY JUDGMENT MOTIONS.
Page 1 | SUMMARY JUDGMENT MOTIONS
The Court grants a first motion adjournment as of right.
The Court grants first adjournments of motions as of right.
Page 1 | MOTIONS – GENERALLY
Chambers Communication Rules
Telephone calls to chambers are allowed only for emergencies.
Telephone calls to Chambers are permitted only in emergencies.
Page 1 | INQUIRIES
Pending-case and calendar-status inquiries must initially be directed to the part clerk at the stated telephone number, while chambers staff cannot provide guidance or advice.
In the first instance, ALL inquiries on a pending case or calendar status shall be made to the PART CLERK, Room 561, Telephone (347) 401-9405. Chambers staff cannot provide guidance or advice to attorneys or litigants.
Page 1 | INQUIRIES
All parties must be copied on emails to the Court because ex parte communications will not be entertained.
THE COURT WILL NOT ENTERTAIN EX-PARTE COMMUNICATION. ALL PARTIES MUST BE COPIED ON ANY EMAILS TO THE COURT.
Page 1 | General Information
The Court generally will not respond to emails lacking copies to all parties, except in personal or exceptional circumstances such as security or medical issues.
The Court will not respond to emails not copied to all parties except where there are personal or exceptional circumstances, for example, security or medical issues.
Page 1 | General Information
Parties may request a settlement conference at any time by emailing both law clerks.
Parties may request a settlement conference at any time. To request a conference, parties should email Nicole Grieco at ngrieco@nycourts.gov and Audrey Nadler at anadler@nycourts.gov.
Page 1 | OTHER CONFERENCES