Judge Derefim B. Neckles
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Notice Of Motion
- Email • At Least 2 Business Days Before Motion Calendar Date
Proposed Order
- Email • At Least 2 Days Before Pending Motion Return Date
All filings
Court-wide- When Fully Briefed
Courtesy copies
Court-wideAdjournments
- An adjournment stipulation signed by every party must be filed at least two business days before the first requested adjournment date.
Communication
Chambers9 contacts
- (347) 296-1533
- kingsmat5a@nycourts.gov
- kingsmat5f@nycourts.gov
- kingsmat5g@nycourts.gov
- kingsmat5j@nycourts.gov
- kingsmat5l@nycourts.gov
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- kingsmat5z@nycourts.gov
- 320idv@nycourts.gov
- ksccvpart71@nycourts.gov
Clerk3 contacts
- ksccvfrp2@nycourts.gov
- (347) 296-1656
- 347-401-9249
Other Contacts1 contacts
- 347-296-1740
Document Format Requirements4 rules
All infant-compromise submissions must be separated with exhibit tabs.
All submissions must be separated by exhibit tabs.
A hard copy is required even when an infant-compromise petition is filed electronically.
A hard copy is required for e-filed petitions.
Proposed jury charges and proposed verdict sheets must be supplied in typed form.
Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted if necessary.
On the motion return date, each party must bring hard copies of the motion papers without exhibits unless an exhibit is instrumental to the motion.
Parties shall bring hard copies of their papers, without exhibits, except for those exhibits that are considered instrumental to the motion, on the motion return date.
Document Filing Requirements20 rules
The attorney affirmation must address every defendant in the caption and identify any dismissals, discontinuances, or defaults in appearance.
The attorney affirmation must account for all defendants named in the caption and indicate any dismissals, discontinuances, or defaults in appearances.
Document Type
Attorney Affirmation
An amendment to a compromise order must include the original order, an attorney affidavit describing the proposed amendment and reason for it, and all other necessary papers.
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
Before trial, counsel must provide a potential-witness list in intended calling order that includes experts, their expertise, and a summary of expected testimony.
Prior to trial, counsel shall provide the Court 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.
Document Type
Potential Witness List
Before trial, counsel must provide proposed jury charges and verdict sheets in typed form; the Court may adjust them as necessary.
Prior to trial, counsel shall provide the Court proposed jury charges and proposed verdict sheets in typed form, which may be adjusted if necessary.
Document Type
Proposed Jury Charges And Verdict Sheets
Counsel must pre-mark trial exhibits in introduction order and provide an exhibit list before trial; plaintiffs number exhibits, while defendants letter them.
Counsel shall pre-mark all exhibits in the order in which they intend to introduce them at trial. A list of the exhibits shall be provided to the Court prior to trial. Plaintiffs will number their exhibits and defendants will letter their exhibits.
Document Type
Trial Exhibit List
A settlement stipulation involving a pro se or self-represented defendant must be approved by the Court with a "So Ordered" notation.
Any Stipulation of Settlement with a Pro se/self-represented defendant must be “So Ordered” by the Court.
Document Type
Settlement Stipulation
An applicable foreclosure motion must include a proposed order modeled on the Chief Administrative Judge's sample orders, and a noncompliant motion may be denied.
Foreclosure motions must include a copy of a proposed order resembling the sample orders promulgated by the Chief Administrative Judge of the Courts, if applicable.
Document Type
Foreclosure Motion
The affirmation must describe the incident in detail and adequately address any liability issues.
The affirmation must include a detailed description of the incident and an adequate statement regarding any liability issues.
Document Type
Attorney Affirmation
A written motion-in-limine memorandum must include citations to the Official Reports.
A written memorandum of law with citations to the Official Reports is required.
Document Type
Written Motion In Limine Memorandum
A stipulation must address every caption party, and it should state the reason for excluding any named party.
Stipulations must account for all parties named in the caption. If a named party in the caption is excluded, the reason for the exclusion should be stated in the stipulation.
Document Type
Stipulation
Unadjudicated evidentiary, procedural, or substantive issues must be raised and addressed 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 prior to trial by way of a written or oral motion in limine.
Document Type
Motion In Limine
When any portion of a settlement is structured, the 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
A petition involving an infant age fourteen or older must include and file the infant's affidavit of consent.
An affidavit of consent from an infant fourteen (14) years or older must be included in the petition and filed with the Court.
Document Type
Infant Compromise Petition
Counsel must furnish marked pleadings and a copy of the Bill of Particulars at the initial trial conference or soon afterward.
At the initial conference, or soon thereafter, counsel must furnish the Court marked pleadings and a copy of the Bill of Particulars.
Document Type
Marked Pleadings And Bill Of Particulars
Counsel must furnish the Court with copies of trial depositions 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 Copies
A previously signed compromise order for a settling defendant must be attached as an exhibit, and the attorney affirmation supporting the final order must state the partial settlement.
If a compromise order was previously signed as to a 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
Final Infant Compromise Submission
The movant must bring a hard copy of a proposed order on the motion return date.
Movant must bring a hard copy of a Proposed Order on the motion return date.
Document Type
Motion
Infant-compromise petitions must comply with CPLR § 1208 and 22 NYCRR § 202.67.
Infant Compromise petitions must comply with CPLR section 1208 and 22 NYCRR 202.67.
Document Type
Infant Compromise Petition
The infant-compromise submission must include medical reports, a physician's affirmation prepared within six months of the application, a settlement letter containing a waiver of appearance, and an affidavit of no liens.
The submission must include the infant’s medical reports, physician affirmation that is prepared within six months of the application, a settlement letter that includes a waiver of appearance, and an affirmation of no liens.
Document Type
Infant Compromise Submission
Counsel should furnish the Court citations and copies of relevant decisions and statutes 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
Relevant Decisions And Statutes
Filing & Service rules
Electronic Filing Rules
An infant-compromise petition must be filed electronically or, when the action is not e-filed, submitted through Motion Support.
Petitions for infant compromise orders must be filed electronically or through Motion support if the action is not e-filed.
Page 1 | Infant Compromise
For a resolved motion or settled case, the parties must electronically file or submit a fully executed settlement or discontinuance stipulation to the County Clerk and email a copy to the Part at least two days before any pending motion's return date.
If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part at least two (2) days prior to the return date (if a motion is pending).
Page 1 | Withdrawals/Resolution of a Motion
Subpoenas may not be filed or submitted electronically.
Subpoenas will not be accepted electronically.
Page 1 | Subpoenas
A party withdrawing a motion must electronically file a notice of withdrawal in NYSCEF and email a courtesy copy to the court at least two business days before the motion calendar date.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court to Ksccvfrp2@nycourts.gov at least two (2) business days before the motion calendar date.
Page 1 | Withdrawals/Resolution of a Motion
Courtesy Copy Requirements
A copy of a settlement or discontinuance stipulation must be emailed to the Part at least two days before a pending motion's return date.
If the parties have resolved a motion or a case has been settled, the parties must either e-file or submit to the County Clerk a fully executed stipulation of settlement or a stipulation of discontinuance and email a copy to the Part at least two (2) days prior to the return date (if a motion is pending).
Page 1 | Withdrawals/Resolution of a Motion
A party withdrawing a motion must email one courtesy copy of the notice to Ksccvfrp2@nycourts.gov at least two business days before the motion calendar date.
Any party wishing to withdraw a motion must notify the Court by filing a notice of withdrawal in the NYSCEF system and emailing a courtesy copy to the Court to Ksccvfrp2@nycourts.gov at least two (2) business days before the motion calendar date.
Page 1 | Withdrawals/Resolution of a Motion
Adjournment & Extension Requirements
An adjournment stipulation signed by every party must be filed at least two business days before the first requested adjournment date.
A stipulation of adjournment signed by all parties, may be filed at least two (2) business days prior to the first request adjournment.
Page 1 | Motions
A third adjournment requires the Court's consent.
After the second adjournment, consent of the Court is required.
Page 1 | Motions
A motion returnable at an unauthorized time will be adjourned to the next available motion day unless the Court gives prior permission.
Motions made returnable at any other time, absent prior permission of the Court, will be adjourned to the next available motion day.
Page 1 | Motions
The parties may adjourn a motion by stipulation on the motion's first return date.
Motions may also be adjourned by stipulation on the first return date.
Page 1 | Motions
Chambers Communication Rules
The Court will not grant adjournment requests submitted by email or telephone.
Adjournment requests will not be granted by email or telephone.
Page 1 | Motions
All communications to the Court must be served or otherwise provided to the opposing party because the Court does not engage in ex parte communications.
Any communication to the Court must be on notice to your adversary as the Court will not engage in ex-parte communication.
Page 1 | Communication
Any infant-compromise hearing adjournment must be obtained through chambers.
Any adjournments must be obtained through chambers.
Page 1 | Infant Compromise
A request for interpreter services must be made before the infant-compromise hearing date.
Request for interpreter services must be made prior to the hearing date.
Page 1 | Infant Compromise
Counsel must notify the Court before trial if interpreter services are needed.
Prior to the trial, counsel shall inform the Court if there is a need for an interpreter.
Page 1 | Trials
If the Part Clerk cannot be reached, contact Chambers at (347) 296-1533 or the Motion Support Office at (347) 401-9249.
If you are unable to reach the Part Clerk, please contact Chambers at (347) 296-1533 or the Motion Support Office at (347) 401-9249.
Page 1 | Communication
Case or calendar status inquiries should be directed to the Part Clerk by email at Ksccvfrp2@nycourts.gov or by telephone at (347) 296-1656.
All inquiries as to case or calendar status should be made to the Part Clerk at Ksccvfrp2@nycourts.gov or (347) 296-1656.
Page 1 | Communication