Judge Katherine A. Levine
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Article 78 Motions
Courtesy copies
- Hand Delivery
Withdrawal As Counsel Motions
All filings
Court-wide- When Fully Briefed
Adjournments
- One adjournment is permitted as of right unless the objecting party demonstrates immediate injury or harm.
- A contested second adjournment request requires counsel to appear in person and demonstrate good cause to the court.
- A motion may receive no more than two adjournments, including stipulative adjournments.
Request must include
- An adjournment application must be filed in writing on the case docket and emailed to ksccvpart92@nycourts.gov at least two business days before the return date.
- An adjournment request submitted less than two business days before the return date will be rejected.
Communication
Chambers16 contacts
- kingsmat5a@nycourts.gov
- kingsmat5f@nycourts.gov
- kingsmat5g@nycourts.gov
- kingsmat5j@nycourts.gov
- kingsmat5l@nycourts.gov
- kingsmat5z@nycourts.gov
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- 320idv@nycourts.gov
- ksccvpart71@nycourts.gov
- 347-296-1486
- 347-401-9260
- 347-296-1527
- 347-404-9954
- 347-296-1555
- 347-296-1664
- (347) 296-1666
- 347-296-1521
Clerk3 contacts
- 347-401-9233
- 360asupremecivilforeclosure@nycourts.gov
- 360asupremecivilmatrimonial@nycourts.gov
Other Contacts1 contacts
- 347-296-1740
Document Format Requirements1 rule
When emailing a motion in limine to chambers, the filing should be in PDF format.
Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.
Document Filing Requirements9 rules
A proposed infant-compromise order must state the infant plaintiff’s full name and date of birth and include the quoted good-cause language.
The proposed infant compromise order must include the full name and date of birth of the infant plaintiff and incorporate the following language: “Pursuant to 22 NYCRR 202.5 (e) (2), the Court finds good cause to permit the inclusion of the infant’s full name and date of birth in the compromise order.”
Document Type
Proposed Infant Compromise Order
A motion in limine must be supported by a written memorandum of law citing pertinent statutory authority or case law.
A written memorandum of law with citations to the pertinent statutory authority or case law is required.
Document Type
Motion In Limine
Before trial, counsel must submit marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended for use at trial.
Prior to the commencement of trial, counsel shall submit to the court marked pleadings, a witness list, an exhibit list, and any deposition transcripts intended to be used at trial.
Document Type
Trial Submission
An affidavit of consent from the infant is required when the infant is fourteen years old or older.
If the infant is fourteen years or older, an affidavit of consent from the infant must be provided.
Document Type
Infant Compromise Submission
Every infant-compromise submission must include either a letter of tender stating the proposed settlement amount or a party stipulation reflecting that amount.
All submissions must include either a letter of tender stating the proposed settlement amount or a stipulation of the parties reflecting same.
Document Type
Infant Compromise Submission
Proposed jury charges and verdict sheets must be submitted to the court in typed form before trial begins.
Counsel must submit proposed jury charges and verdict sheets to the court in typed form prior to the commencement of trial.
Document Type
Proposed Jury Charges And Verdict Sheet
All trial exhibits must be pre-marked for identification, and attorneys are encouraged to stipulate to admissibility when possible.
All trial exhibits must be pre-marked for identification and, whenever possible, attorneys are encouraged to stipulate to the admissibility of documents and records.
Document Type
Trial Exhibits
The motion-in-limine submission should provide the most recent Appellate Division case law.
Please provide the most recent Appellate Division case law.
Document Type
Motion In Limine
A calendared motion may be withdrawn by filing a notice of withdrawal or stipulation.
Motions on the calendar may be withdrawn by filing a notice of withdrawal or stipulation.
Document Type
Notice Of Withdrawal Or Stipulation
Filing & Service rules
Electronic Filing Rules
In non-NYSCEF cases, a fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.
For non-NYSCEF cases, the fully executed stipulation must be emailed to ksccvpart92@nycourts.gov.
Page 1 | ADJOURNMENTS
A movant must immediately notify the court through a letter filed on NYSCEF before the motion's return date if the matter is settled, discontinued, or otherwise disposed of.
If a matter is settled, discontinued, or otherwise disposed of, the movant shall immediately notify the court by filing a letter on NYSCEF prior to the return date of the motion.
Page 1 | MOTION HEARINGS
A motion in limine should be filed on NYSCEF as a Pre-Trial Memorandum or Trial Memorandum and emailed to chambers in PDF format.
Motions in limine should be filed on NYSCEF as “Pre-Trial Memorandum” or “Trial Memorandum” and emailed in PDF format to chambers.
Page 1 | TRIALS
A fully signed so-ordered stipulation uploaded to NYSCEF and emailed to Part 92 may eliminate the in-person appearance requirement when all parties agree on a motion disposition.
If counsel or parties are in agreement for the disposition of a motion(s), a so-ordered stipulation signed by all parties, uploaded to NYSCEF and emailed to Part 92's email will negate the requirement to appear in person.
Page 1 | MOTION HEARINGS
Filing Timing and Cure Windows
In-person oral argument is required for motions unless the parties resolve the motion by consent and upload a proposed order through NYSCEF at least two business days before the return date.
An in-person oral argument is required on all motions except where the parties have resolved a motion on consent and uploaded a proposed order via NYSCEF at least two business days prior to the return date.
Page 1 | GENERAL INFORMATION/INQUIRIES
A motion in limine must be made as early as possible and no later than three days before trial begins.
Motions in limine shall be made as early as possible and at least three days prior to the commencement of trial.
Page 1 | TRIALS
Attorneys must check in with the part clerk at 10:30 AM.
Attorneys must be present to check-in at 10:30 AM with the part clerk.
Page 1 | MOTION HEARINGS
A summary-judgment motion must be made no later than 60 days after the note of issue is filed.
Motions for summary judgment shall be made no later than 60 days after the filing of the note of issue pursuant to the Kings County Supreme Court Uniform Civil Term Rules.
Page 1 | SUMMARY JUDGMENT MOTIONS
A motion will be denied if the movant fails to appear for argument on two consecutive scheduled dates.
All motions shall be denied for a movant’s failure to appear for argument on two consecutive scheduled dates.
Page 1 | MOTION HEARINGS
The court will deny a motion if the moving party is not present after the second calendar call.
If the moving party is not present after second calendar call, the court will deny the motion for failure to appear.
Page 1 | MOTION HEARINGS
A stipulation of discontinuance should be filed as soon as practicable.
A stipulation of discontinuance should follow as soon as practicable.
Page 1 | MOTION HEARINGS
After oral argument on the record, the parties should order the transcript, split its cost, and provide a copy to the court at least one week before the next appearance.
Where there is oral argument on the record, the court requests that the parties order a copy of the transcript, split the cost, and provide a copy to the court at least one week before the next appearance.
Page 1 | MOTION HEARINGS
Service and Proof of Service Rules
Proof of service for every pleading and motion in a merchant cash advance case must be filed on NYSCEF.
Proof of service for all pleadings and motions must be filed on NYSCEF.
Page 1 | MERCHANT CASH ADVANCE CASES
At a merchant cash advance hearing, plaintiff’s counsel must present proof of service for the summons and complaint and proof of good-faith notice to the defendant of the actual motion-hearing date.
At the time of the hearing, the court requires counsel for plaintiff to present to the court: (1) proof of service for the summons and complaint; and (2) proof that plaintiff attempted in good faith to apprise the defendant of the actual date for the motion hearing.
Page 1 | MERCHANT CASH ADVANCE CASES
Proof of service for an order to show cause must be filed on NYSCEF before the return date.
Proof of service must be filed on NYSCEF prior to the return date.
Page 1 | EX PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
In non-NYSCEF cases, proof of service may be emailed to Part 92 or presented to the court on the return date.
For non-NYSCEF cases, proof of service shall be emailed to ksccvpart92@nycourts.gov or presented to the court on the return date.
Page 1 | EX PARTE APPLICATIONS/ORDERS TO SHOW CAUSE
Courtesy Copy Requirements
At a motion to withdraw appearance, moving counsel must provide physical motion papers, proof of client notice of the motion, and proof that the client was notified of the hearing date.
For any motion appearance where counsel has moved to withdraw, said moving counsel must provide the following materials to the court at the time of the appearance: (1) physical copies of the moving papers; (2) proof that the client whom counsel is seeking to withdraw from representing has notice of counsel’s motion; and (3) proof that counsel has notified the client of the date on which the motion is being heard.
Page 1 | MOTIONS TO WITHDRAW AS COUNSEL
When specifically requested by Judge Levine, working or courtesy copies must be hand-delivered to the clerk in Courtroom 541 on the fifth floor.
If Judge Levine has specifically requested parties to provide working/courtesy copies, please have them hand-delivered to the clerk in Courtroom 541 on the fifth floor.
Page 1 | MOTION HEARINGS
Parties appearing in an Article 78 motion must send physical copies of their papers to chambers before the hearing.
For any motion appearance in an Article 78 action, the relevant parties must send physical copies of their papers to chambers prior to the date of their motion hearing.
Page 1 | ARTICLE 78 CASES
Working or courtesy copies ordinarily are not required for e-filed cases unless the court specifically requests them.
Working/courtesy copies are not required for e-filed cases unless specifically requested.
Page 1 | MOTION HEARINGS
Sealing & Redaction Procedures
Counsel may electronically file a redacted proposed infant-compromise order on NYSCEF and email the unredacted version to chambers.
Counsel may e-file a redacted version of the proposed order on NYSCEF and email an unredacted version to chambers.
Page 1 | INFANT COMPROMISE ORDERS
Adjournment & Extension Requirements
One adjournment is permitted as of right unless the objecting party demonstrates immediate injury or harm.
One adjournment is permitted as of right unless the party objecting to the adjournment shows that he will suffer immediate injury or harm.
Page 1 | ADJOURNMENTS
An adjournment application must be filed in writing on the case docket and emailed to ksccvpart92@nycourts.gov at least two business days before the return date.
Applications for adjournments must be made be filed in writing on the case docket and be emailed to ksccvpart92@nycourts.gov at least two business days prior to the return date.
Page 1 | ADJOURNMENTS
An adjournment request submitted less than two business days before the return date will be rejected.
Failure to file such requests two business days prior to the return date will result in a rejection of the adjournment request.
Page 1 | ADJOURNMENTS
A motion may receive no more than two adjournments, including stipulative adjournments.
No more than two adjournments will be permitted on any motion, regardless of whether the adjournment is sought by stipulation of the parties.
Page 1 | ADJOURNMENTS
A contested second adjournment request requires counsel to appear in person and demonstrate good cause to the court.
If a second adjournment request is contested after the first adjournment, counsel must appear in person and make an application to the court based on a showing of good cause.
Page 1 | ADJOURNMENTS
Chambers Communication Rules
Opposing counsel must receive copies of all emails and correspondence concerning the case.
Opposing counsel must be copied on all emails and correspondence.
Page 1 | GENERAL INFORMATION/INQUIRIES
Chambers may not be called to request an adjournment.
Do not call chambers to request an adjournment.
Page 1 | GENERAL INFORMATION/INQUIRIES
Ex parte communications are prohibited.
Ex parte communications are strictly prohibited.
Page 1 | GENERAL INFORMATION/INQUIRIES
Part-clerk inquiries about adjournments and scheduling may be made by phone at 347-401-9233 or by email at ksccvpart92@nycourts.gov.
All inquires regarding adjournments and scheduling should be made to the part clerk at 347-401-9233 or ksccvpart92@nycourts.gov.
Page 1 | GENERAL INFORMATION/INQUIRIES