New York Supreme Court, Kings County Adjournment & Extension Requirements
209 rules from official source documents
Requirements for requesting adjournments, extensions, and continuances. This page is scoped to New York Supreme Court, Kings County; use the court rules overview to switch categories without leaving this court.
A preliminary-conference adjournment requires a written stipulation and explanatory cover letter at least two business days before the conference; the Court may permit it for good cause, but the conference may be adjourned no more than once and for no more than 30 days, with further requests handled only by a participating telephone conference.
Adjournment of a preliminary conference may be requested by submission of a written stipulation at least two (2) business days prior to the scheduled date. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. The adjournment of a conference is at the discretion of the Court and may be permitted for good cause shown. No preliminary conference shall be adjourned more than once or for more than thirty (30) days. Fax numbers for all counsel must be provided in the cover letter or the stipulation. Any request for further adjournments will be entertained only under the most compelling circumstances and must be made via a telephone conference call with the Court in which all parties participate.
Other conferences may be adjourned for good cause with Court approval based on a written stipulation from all parties submitted at least two business days before the conference.
Adjournments of any other conferences are permitted for good cause with the approval of the Court on written stipulation of all parties submitted at least two (2) business days prior to the scheduled date of the conference.
Dispositive motions require Court consent for an adjournment; non-dispositive motions may be adjourned by written stipulation up to three times for a total of 60 days, with requests due at least two business days before the return date except in emergencies and a cover letter explaining the reason.
Dispositive motions (made pursuant to CPLR 3211, 3212 or 3213) may be adjourned only with the Court’s consent. Non-dispositive motions may be adjourned by written stipulation no more than three times for a total of no more than sixty (60) days unless otherwise directed by the Court. Adjournments must be obtained at least two (2) business days in advance of the return date except in the case of an emergency. Stipulations must be accompanied by a cover letter explaining the reason for the adjournment. Fax numbers for all counsel must be provided in the cover letter or the stipulation.
A motion may be adjourned without appearance by a stipulation or affirmation submitted no later than the previous workday; any subsequent adjournment requires a personal application.
Adjournment of motions without appearance may be done by usage of stipulation or affirmation submitted no later than the previous workday. Any subsequent adjournment shall be by personal application.
The 120-day or 60-day summary judgment deadline may be extended only by the Court upon a showing of good cause.
In both instances, the above time limitation may only be extended by the Court upon good cause shown.
Adjournment requests should be made in advance, and any granted request requires a stipulation with case identifiers, appearance and adjournment dates, and the reason, e-mailed to chambers at least one day before the appearance; the Judge must finally approve the adjournment.
Requests for adjournments should be made in advance. If the request for adjournment is granted by the Court, then counsel or self-represented litigants shall prepare a stipulation including the caption and index number of the case, the appearance date, the adjourn date, and the reason for the adjournment. The stipulation shall be e-mailed to the chambers e-mail listed above, NOT uploaded to e-filing, at least one (1) day prior to the scheduled appearance date. All adjournments are subject to final approval by the Judge.
Discovery conferences will not be adjourned unless good cause is shown.
**DISCOVERY CONFERENCES WILL NOT BE ADJOURNED ABSENT GOOD CAUSE SHOWN
The Note of Issue filing deadline will not be extended at the final conference unless good cause is shown.
**The time to file a note of issue will not be extended at the Note of Issue Final Conference absent GOOD CAUSE SHOWN
A summary-judgment extension is denied without prejudice unless the applicant demonstrates compliance with the criteria in Brill v. City of New York.
Applications for an extension of time to move for summary judgment will be denied without prejudice to renew before the IAS Judge upon a showing of compliance with the criteria set forth in Brill v. City of NY [2 N.Y.3d 648 (2004)].
Motions are heard on their return date and may be adjourned only for good cause.
Motions are heard on their return date and are only adjourned upon good cause.
A first-request Note of Issue extension may be granted by stipulation only if it lists all outstanding discovery and each item’s completion date.
An extension of time to file a note of issue may be permitted in the first instance by stipulation provided that the parties include a detailed list of all outstanding discovery and the completion dates of each outstanding item.
A request after the first Note of Issue extension must be made by motion rather than by stipulation.
Any subsequent applications to extend plaintiff’s time to file a note of issue must be done by motion.
An adjournment request must be made by stipulation when consent exists and by application when consent is unavailable.
A request for an adjournment shall be made through a stipulation or, if consent is not received from other counsel, through an application.
Adjournment stipulations and applications must be filed by 5:00 p.m. on the third court business day before the motion date.
The deadline for filing such stipulations of adjournments and applications for adjournments shall be 5:00 p.m. of the third court business day prior to the scheduled motion date.
A late adjournment application may be made only in person when the motion is called on the scheduled motion date.
If an application for adjournment or stipulation of adjournment has not been submitted in the foregoing manner, and counsel still wishes to apply for an adjournment, application shall be made only in person on the scheduled motion date when the motion is called.
Every adjournment application or stipulation must include the caption, motion sequence and relief, calendar date, requesting party and good cause, prior adjournments, and other sequenced motion information.
Applications for adjournments and stipulations of adjournment must include all of the following: (a) complete caption (including any third-party actions), (b) Motion Sequence Number(s) and relief sought, (c) motion calendar date, (d) identify party seeking the adjournment and said party’s good-cause reason therefor, (e) details of any prior adjournments of the motion, and (f) details of future motion calendar dates with Motion Sequence No. and relief sought for other sequenced motions in the case.
A first-time agreed adjournment may be obtained without an appearance by filing a stipulation at least three days before the return date, for no more than four weeks and to a subsequent Thursday, with a copy sent to the Part Clerk.
Motions may be adjourned once upon consent of the parties for no more than four (4) weeks to a subsequent Thursday without the need for an appearance by filing a stipulation at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov.
A first-time adjournment stipulation must include a briefing schedule providing for opposition papers at least two weeks and any reply at least one week before the new return date.
The stipulation shall contain a briefing schedule, which must provide that opposition papers be submitted at least two (2) weeks prior to the new return date and reply papers (if any) be submitted at least one (1) week prior to the new return date.
A contested first-time adjournment requires an application and copied Part Clerk submission at least three days before the return date, an explanation of the opposition, and an in-person appearance unless the court has already granted the adjournment.
If the “first time” request for adjournment is contested, the party seeking the adjournment shall file an application at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov, and shall provide the reason the request is being contested as stated by opposing counsel. If the Court has not granted the requested adjournment before the return date, all counsel must appear in person on the return date.
Any further adjournment requires a NYSCEF letter motion filed at least three days before the return date, a copied Part Clerk submission, and an in-person appearance showing good cause.
Any further adjournments after the “first request” must be made upon application to the Court by filing a letter motion on NYSCEF at least three (3) days prior to the return date, with a copy sent to the Part Clerk at ksccvpart38@nycourts.gov. All counsel must appear in person on the return date to be heard on why good cause exists to grant a further extension.
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.
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.
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.
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.
Settlements, adjournments, and withdrawals must be received by 11:00 a.m. on the Monday before the motion calendar date.
All settlements, adjournments or withdrawals must be received by 11:00 A.M. on the Monday before the motion calendar date.
A stipulation placing a fully briefed motion on the oral argument calendar must state that status and be received by the court on the Monday before the motion calendar date.
the next available date. This stipulation must say that the motion(s) is/are fully briefed and put on for the next available oral argument date and MUST BE RECEIVED BY THE COURT THE MONDAY BEFORE THE MOTION CALENDAR DATE.
Defects in papers subject to a consent adjournment must be cured seven days before the adjourned date or the papers will be rejected.
To the extent there are defects, such defects shall be cured seven (7) days before the adjourned date. Failure to cure said defects will result in the papers being rejected.
An IAS Part 71 adjournment stipulation must be uploaded to NYSCEF and emailed to the part no later than 1:00 p.m. the day before the motion's return date.
Stipulations for an adjournment of an IAS Part 71 motion shall be uploaded to NYSCEF and emailed, no later than 1:00 pm the day before the return date of the motion, to KSCCVPART71@nycourts.gov.
Nonconsensual adjournment applications must be made in person at the appropriate motion calendar call.
Applications for adjournment not on consent shall be made in person at the call of the appropriate motion calendar.
Adjournment applications and stipulations must be submitted through NYSCEF or as paper filings at Motion Support, with a copy served on all other counsel or pro se parties.
Applications for adjournments and stipulations of adjournment shall be submitted through NYSCEF or by filing a paper copy with the Court at Motion Support, Room 227, at 360 Adams Street (with a copy served upon all other counsel or pro se parties).
Adjournment applications and stipulations are due by 5:00 p.m. three days before the scheduled motion date.
The deadline for filing such applications for adjournments and stipulations of adjournments shall be 5:00 p.m. of the third day prior to the scheduled motion date.
Emergency adjournment applications must be made in person on the motion date after the first calendar call concludes.
In the event of an emergency, applications for adjournment shall be made only in person on the scheduled motion date after the conclusion of the first calendar call.
Adjournment applications and stipulations must identify the requesting party, good cause, prior adjournments, and dates for other sequenced motions.
Applications for adjournments and stipulations of adjournment must (a) identify which party seeks the adjournment, (b) set forth the good-cause reason for it, (c) provide details of any prior adjournments of the motion, and (d) list future motion calendar dates for other sequenced motions in the case.
Adjournment requests must be submitted in writing by email to the Part Clerk at least 48 hours before the return date.
All requests for adjournments must be made in writing, at least 48 hours before the return date, and e-mailed to the Part Clerk, Jay Goldstein at jgoldste@nycourts.gov.
A subsequent adjournment request generally requires an application to the court showing good cause unless the parties consent.
Any subsequent adjournment requests must be made upon application to the Court for good cause, unless on consent.
A consent-based subsequent adjournment must be submitted by email as a stipulation stating a proposed return date.
If on consent, parties must submit a stipulation with a proposed return date by e-mail to the Part Clerk, Jay Goldstein at jgoldste@nycourts.gov.
A stipulation to adjourn must be electronically filed and emailed to the Part Clerk at least 48 hours before the return date.
All stipulations to adjourn must be e-filed and e-mailed to the Part Clerk (jgoldste@nycourts.gov) at least 48 hours prior to the return date.
A consented one-time adjournment must be requested by stipulation filed in NYSCEF by noon on the preceding Monday, with an emailed courtesy copy to the relevant part email and all appearing parties.
Motions may be adjourned once on consent of all the parties via stipulation and e-filed to NYSCEF by 12:00 p.m. on the Monday before the return date, with a courtesy copy emailed to the relevant part email and copied to all appearing parties.
A nonconsensual adjournment request must be emailed to the relevant part email by noon on the preceding Monday and copied to all appearing parties.
Other requests for adjournments must be emailed to the relevant part email by 12:00 p.m. on the Monday before the return date and copied to all appearing parties.
An objection to an adjournment must be emailed with its basis to the relevant part by 2:00 p.m. on the preceding Monday and copied to all appearing parties.
Parties objecting to an adjournment request shall email the relevant part with the basis for any objection by 2:00 p.m. on the Monday before the return date and copy all appearing parties.
A further adjournment request must be filed in NYSCEF and emailed to the relevant part email by noon on the preceding Monday.
Further requests for an adjournment must be filed to NYSCEF and emailed to the relevant part email by 12:00 p.m. on the Monday before the return date.
A non-emergency motion-adjournment request must be sent in writing to the chambers email at least five days before the motion's return date.
Motion Adjournments: non-emergency requests must be made in writing to Chambers Email at least five days prior to the return date.
A first-time motion may be adjourned by stipulation if an email is sent to chambers and the stipulation is uploaded to NYSCEF three business days before the return date.
Motions that are on for the first time may be adjourned via stipulation with email to Chambers and NYSCEF upload 3 business days prior to return date.
An adjournment date may not exceed 30 days without court consent, and every further adjournment requires a court application.
Do not choose an adjourn date longer than 30 days without consent of court. All further adjournments must be sought by application to the court.
Except for a first motion return date, an appearance requires court permission to adjourn, and the request must be e-filed and emailed to chambers at least three business days beforehand.
Scheduling: Court permission is needed to adjourn any scheduled appearance other than first time on motion return date. Requests shall be e-filed and emailed to Chambers no later than three (3) business days in advance of the scheduled appearance.
A case may not be adjourned in Part 5Z unless the Court grants an application for the adjournment.
No case may be adjourned in this Part unless granted by the court after an application is made.
Adjournments are granted only in exceptional circumstances and generally must be requested at least 72 hours in advance, absent extenuating circumstances.
Adjournments will only be granted in exceptional circumstances and must be made at least 72 hours in advance, absent extenuating circumstances.
Court dates requiring interpreters are final and are not subject to adjournment.
However, all dates with Interpreters are final.
A motion adjournment must be agreed to by all parties, submitted by written stipulation, and e-filed no later than three business days before the motion's return date.
Adjournments of motions must be made by written stipulation, on consent of all parties, e-filed no later than three business days prior to the return date of the motion(s).
Only one stipulated adjournment is allowed for a summary judgment motion.
ONLY ONE (1) ADJOURNMENT BY STIPULATION WILL BE ALLOWED ON SUMMARY JUDGMENT MOTIONS.
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.
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.
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).
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.
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.
A third adjournment requires the Court's consent.
After the second adjournment, consent of the Court is required.
All attorneys and unrepresented litigants must be notified of an adjournment request before it is submitted to the court.
All attorneys and unrepresented litigants shall be notified of all adjournment requests before said application to the Court.
An adjournment request based on counsel's engagement in another matter must include an Affirmation of Engagement complying with 22 NYCRR 125.1.
If the request is based on counsel’s engagement on another matter, an Affirmation of Engagement, in conformity with 22 NYCRR 125.1, must accompany the request.
Adjournment requests may be emailed to the court, copied to the secretary, and must state the reason and include a proposed date in an attached stipulation.
Such requests for adjournments may be made by email to the court, ncjohnso@nycourts.gov; cc to mbumpars@nycourts.gov noting the reason and with proposed date in accompanying stipulation attached to the email message.
Except in an emergency, a conference-adjournment application must be emailed and received by chambers at least three business days before the conference.
Except in an emergency, applications to adjourn conferences SHALL be made by email to ncjohnso@nycourts.gov and received by Chambers at least three (3) business days before the conference date.
A request for a specific conference date must include proposed dates in the original email, with the stipulation attached and e-filed for the court's consideration.
If the parties would like a specific date, they MUST include the proposed dates in the original email. Attach stipulation to the email message with proposed adjourn date and E-file same for consideration by the court.
Chambers will not adjourn appearances in the PC, CCP, or NI-FCP; parties must contact those parts directly.
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). Please contact those parts directly.
A motion-adjournment application must be made by e-filing a stipulation of adjournment with a briefing schedule.
Applications to adjourn motions SHALL be made by E-Filing a Stipulation of Adjournment accompanied by a briefing schedule.
If a party cannot consent to a motion adjournment, that party must upload a letter to NYSCEF stating the reason.
If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF.
Motions on the oral argument calendar will not be adjourned absent good cause shown to the court.
Motions on the Oral Argument Calendar will NOT be adjourned except upon good cause shown to the Court.
For filed summary-judgment motions, the stipulation of adjournment must be e-filed only and include a briefing schedule; emailed stipulations will not be considered.
For filed summary judgment motions, a Stipulation of Adjournment shall be e-filed only and must contain a briefing schedule. Emailed stipulations will not be considered.
A motion may be adjourned once with all parties' consent, but a further adjournment requires court leave and a showing of good cause.
Motions may be adjourned once upon consent of all parties. Any further adjournment requires leave of court upon good cause shown.
An adjournment stipulation must be signed by all counsel and filed before the motion's return date or presented at the motion's calendar call.
A stipulation of adjournment will be accepted only if signed by all counsel, and provided it is filed before the return date of the motion or presented at the calendar call of the motion.
Every attorney and unrepresented litigant must receive notice of an adjournment request before the request is submitted to the Court.
All attorneys and unrepresented litigants shall be notified of all adjournment requests before said application to the Court.
The Court must approve an adjournment before it is granted.
Adjournments will not be granted without the approval of the Court.
If no response to an adjournment request is received, the requesting party must attend.
Attendance is required if no response is received.
Except in an emergency, a conference-adjournment application must be emailed to and received by Chambers at least five business days before the conference.
Except in an emergency, applications to adjourn conferences SHALL be made by email and received by Chambers at least five (5) business days before the conference date.
A conference-adjournment application must state the reason for the request.
The application shall state the reason for the request.
Parties requesting a specific adjournment date must include the proposed dates in the original email.
If the parties would like a specific date, they MUST include the proposed dates in the original email.
Chambers will not adjourn appearances in the PC, CCP, or NI-FCP; those parts must be contacted directly.
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). Please contact those parts directly.
Adjournments are granted only when all listed conditions are satisfied.
ADJOURNMENT REQUESTS ARE ONLY GRANTED:
An adjournment request based on party consent must be filed through NYSCEF at least three business days before the initial return date.
ON CONSENT OF ALL PARTIES BY NYSCEF FILING, AT LEAST 3 BUSINESS DAYS PRIOR TO THE INTIAL RETURN DATE.
The stated consent-based adjournment procedure is available only when the motion has never previously been adjourned.
ONLY IF THE MOTION HAS NEVER BEEN ADJOURNED BEFORE.
The court will not grant an adjournment request submitted by email or telephone.
Adjournment requests are not granted by email or telephone.
After the first adjournment, the requesting party must appear in person to obtain the court's consent.
After the first adjournment, an IN-PERSON appearance to obtain consent of the Court is required.
An adjournment stipulation must be signed by every party, filed at least three business days before the first appearance, and include a briefing schedule.
A stipulation of adjournment shall be filed, signed by all parties, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule.
An appearance is required for adjournment applications unless the adjournment is by consent and filed through NYSCEF at least three business days before the return date.
An appearance is required for all adjournment applications, except, adjournments on consent and filed via NYSCEF at least three business days prior to the return date.
The court will not grant adjournment requests submitted by email or telephone.
Adjournments. No adjournments will be granted by email or telephone.
Only two consented adjournments with briefing schedules are allowed without prior court approval, and any additional adjournment requires good cause for failure to comply with the briefing schedule.
Consenting to an adjournment with briefing schedule (Only two adjournments permitted without prior court approval).There will be no additional adjournments unless good cause is shown for failure to comply with the briefing schedule.
A consent-adjournment request must be made by written stipulation filed through NYSCEF at least two business days before the return date, account for all caption parties, and explain exclusions and the need for adjournment.
Adjournments on Consent: The parties may request an adjournment by written stipulation that must be filed with the NYSCEF system if the case is e-filed) no less than two (2) business days before the return date on the motion. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. In addition, there is to be a reason as to why the adjournment is needed within the body of the stipulation.
A contested adjournment may be requested orally on the return date and granted earlier only for good cause involving exceptional circumstances or a religious accommodation, with notice to all parties.
Contested Adjournments: An oral application to adjourn a motion may be made before the Court on the return date of the motion. A contested adjournment may be granted prior to the return date, only upon good cause shown for exceptional circumstances or for a religious accommodation, upon notice to all parties.
Advance adjournment requests require a signed consent order uploaded to NYSCEF at least 24 hours in advance.
If an adjournment is being requested in advance, parties must submit a signed consent order and upload to NYSCEF at least 24 hours in advance
An affirmation of actual engagement must be electronically filed and emailed to chambers at least one day before the court appearance.
Affirmations must be e-filed and emailed to chambers at least one (1) day prior to the court appearance.
Every requested adjournment requires the court's prior approval.
All adjournments require prior approval of the court.
A telephonic adjournment request must be made by conference call to chambers with all parties present no later than one day before the appearance.
Adjournment requests shall be made by conference call to chambers only when all parties are present on the line. The telephonic request must be made no later than one (1) day prior to the appearance.
Alternatively, an adjournment request must be emailed to both law clerks at least two days before the appearance as a stipulation signed by every party that states proposed dates and the reason for the request.
Alternatively, an adjournment request may be made by submitting a stipulation signed by all parties at least two (2) days prior to the scheduled appearance, and shall include proposed future dates and the reason for the adjournment. Stipulations of adjournment shall be emailed to both law clerks.
An adjournment request is not granted unless and until a so-ordered stipulation of adjournment is received.
An adjournment request has not been granted until you receive a so ordered stipulation of adjournment.
After sending the affirmation of actual engagement, the parties must request the adjournment by conference call or email under the Part rules.
Upon sending the affirmation of actual engagement, the parties must contact the court by conference call or email to request the adjournment in accordance with these Part Rules.
An adjournment of a pending motion requires prior Part CVAP3 approval and must follow the standing adjournment procedure.
Adjournments of pending motions require prior approval of Part CVAP3. Adjournment requests shall be made in accordance with Paragraph 4 herein.
A party seeking an extension to file a summary-judgment motion must request it before the deadline expires and follow the standing Part CVAP3 adjournment procedure.
Extensions of time to file summary judgment motions must be made prior to the expiration of the deadline and submitted in accordance with the procedure enumerated in Paragraph 4 of these Part Rules.
A case is presumed ready once assigned a trial date, and consent adjournments are not accepted.
Once a case has been assigned a trial date, it is presumed ready for trial. Trials will be day-to-day or as scheduled by the court. No consent adjournments will be accepted.
A trial date will not be adjourned without express permission from the court.
There will be no adjournment of the trial date without express court permission.
A consented IAS Part 6 adjournment emailed after 1:00 PM on the preceding day will be denied.
PLEASE NOTE THAT EFFECTIVE FEBRUARY 8, 2023, ADJOURNMENTS ON CONSENT MUST BE RECEIVED BY EMAIL TO KSCCVPART6@nycourts.gov NO LATER THAT 1:00 PM THE DAY BEFORE THE RETURN DATE, OTHERWISE THE APPLICATION WILL BE DENIED.
A motion may be adjourned without an appearance up to twice by consent if a duly executed stipulation of adjournment is submitted.
Motions may, without an appearance, be adjourned twice on consent to the Court’s next available motion date upon the submission of a duly executed stipulation of adjournment.
A second consented adjournment is granted only if a fully executed so-ordered stipulation is submitted.
The second adjournment requested by the parties will only be granted upon the submission of a fully executed stipulation to be “So-Ordered” by the Court.
The second-adjournment stipulation must identify the movant and adjournment date, mark the matter final, and state that no further adjournment is allowed without good cause.
The motion by plaintiff / defendant (identify the movant) is hereby adjourned to INSERT DATE and shall be marked “FINAL.” There shall be NO further adjournments unless the court, for good cause shown, grants another adjournment.
A proper-form stipulation to adjourn an IAS Part 6 motion or OSC must be emailed by 1:00 PM on the preceding day or the application will be denied.
STIPULATIONS TO ADJOURN AN IAS PART 6 MOTION OR ORDER TO SHOW CAUSE MUST BE IN PROPER FORM AND SHALL BE RECEIVED BY EMAIL TO KSCCVPART6@nycourts.gov NO LATER THAN 1:00 PM ON THE DAY BEFORE THE RETURN DATE OF THE MOTION OTHERWISETHE APPLICATION WILL BE DENIED.
The court will not grant an adjournment for a fully briefed motion.
Fully briefed motions will not be granted an adjournment.
A contested motion-calendar adjournment application must be made in person at the call of the motion calendar.
Applications for adjournment not on consent shall be made in person at the call of the Motion calendar.
An ADR continuance stipulation should be uploaded to NYSCEF and emailed to the part clerk by 1:00 PM the preceding day; the part will not accept late stipulations or telephone requests.
Any stipulations to adjourn should be uploaded to NYSCEF and emailed to the part clerk no later than 1 pm the day prior to the scheduled appearance. THE PART WILL NOT ACCEPT LATE STIPULATIONS FOR ADJOURNMENTS OR REQUESTS MADE BY TELEPHONE.
A late ADR adjournment request must be made in person at the settlement-conference calendar call.
Late adjournment requests will have to be made in person at the settlement conference calendar call.
After two ADR adjournments, the appearance is final and another adjournment requires a showing of good cause.
After two adjournments, the Court will mark the appearance as “FINAL” and no further adjournments will be granted without a showing of good cause.
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.
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.
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.
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.
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.
Except in an emergency, conference-adjournment applications must be emailed to and received by Chambers at least five business days before the conference date.
Except in an emergency, applications to adjourn conferences SHALL be made by email and received by Chambers at least five (5) business days before the conference date.
A conference-adjournment email must state the reason and include proposed dates when a specific date is requested.
The application shall state the reason for the request. If the parties would like a specific date, they MUST include the proposed dates in the original email.
A motion-adjournment application must be made by electronically filing a stipulation of adjournment with a briefing schedule.
Applications to adjourn motions SHALL be made by e-filing a Stipulation of Adjournment accompanied by a briefing schedule.
When a party cannot consent to a motion adjournment, that party must upload a letter to NYSCEF stating the reason.
If a party cannot consent, the party must state the reason in a letter uploaded to NYSCEF.
Motions on the Oral Argument Calendar will not be adjourned absent good cause shown to the court.
Motions on the Oral Argument Calendar will NOT be adjourned except upon good cause shown to the Court.
A motion adjournment requires a written, unanimous stipulation e-filed at least three business days before the return date.
Adjournments of motions must be made by written stipulation, on consent of all parties, e-filed no later than three business days prior to the return date of the motion(s).
A motion previously adjourned twice may not be adjourned again by stipulation without court approval; the requesting party must appear and apply orally.
There will be no adjournments by stipulation, without court approval, of motions that have been adjourned two (2) previous times. A party requesting a further adjournment beyond the limit previously stated, must appear in person and make an oral application for the adjournment.
Parties must not request an adjournment by calling or emailing the court.
Do not call or email the court for an adjournment.
A motion may be adjourned only to a Wednesday and may not be moved more than six weeks from its return date.
Motions may be adjourned to a Wednesday, no more than six (6) weeks from the return date.
A stipulation of adjournment signed by every party and containing a briefing schedule must be filed at least three business days before the first scheduled appearance.
A Stipulation of Adjournment shall be signed by all parties, filed at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule.
After the first adjournment, every subsequent adjournment request, including a consented request, must be made by application to the court showing good cause.
After the first adjournment, any party requesting a subsequent adjournment (even on consent) must be made upon application to the Court for good cause.
Parties may adjourn a motion twice by consent; after the second adjournment, the court will grant an adjournment only for cause.
Parties are permitted to adjourn a motion twice on consent. After the second adjournment, the Court will only adjourn a motion for cause.
A motion may be adjourned only with a stipulation signed by all parties, and a copy must be emailed to chambers or the Part Clerk.
Motions can only be adjourned upon a stipulation signed by all parties. A copy of the stipulation to adjourn must be emailed to chambers and/or Part Clerk.
One adjournment may be obtained without prior approval by submitting an all-party signed stipulation with a briefing schedule to the part clerk at least three business days before the return date.
The Court will allow ONE adjournment without prior court approval, the parties must submit a stipulation of adjournment signed by all parties with a briefing schedule, at least three (3) business days prior to the return date of the motion and email the stipulation to the part clerk.
A second or later adjournment must be requested in person and show good cause; an adjournment request filed on NYSECF is rejected and the case is marked off calendar.
Subsequent adjournment requests must be made in person for good cause, any adjournment request filed on NYSECF will be rejected resulting in the case being marked off calendar.
For a contested adjournment, the parties must appear on the return date and make an oral request to the court.
If an adjournment is contested the parties must appear on the return date to make an oral application before the court.
The court does not accept requests for adjournment by stipulation, letter, telephone, email, or fax.
Adjournments by stipulation, letter, phone, e-mail, or fax are not accepted.
A consent-adjournment request must be filed by written stipulation at least five business days before the motion calendar date.
The parties may request an adjournment by written stipulation that must be filed via NYSCEF (or with the Kings County Clerk’s office if not E-filed) no less than five (5) business days before the Motion Calendar Date.
Parties may stipulate to a first or second adjournment, but the signed stipulation must be filed at least three business days before the scheduled first appearance, subject to the Court's authority to change the date.
Adjournments - Parties may stipulate to adjourn a ‘first time on’ or ‘second time on’ motion. The date may be changed by the Court. A stipulation of adjournment shall be filed, signed by all parties, no later than 3 business days prior to the scheduled first appearance.
After the first adjournment, the parties must appear in person to request the Court's consent to any further adjournment.
After the first adjournment, the parties must appear in person on the return date to seek consent of the Court for any further adjournment.
Adjournment applications must be submitted at least two business days before the return date and approved by the Court before that date.
Applications for adjournment must beMade at least two (2) business days prior to the return date, and Approved by the Court before the return date.
A stipulated adjournment may be filed if signed by all parties and submitted at least three business days before the first appearance.
A stipulation of adjournment may be filed, signed by all parties, at least three (3) business days prior to the first appearance.
After the first adjournment, the party seeking a further adjournment must obtain the Court’s consent.
After the first adjournment, consent of the Court is required.
An adjournment of a scheduled appearance requires court permission and an e-filed request at least two business days in advance, unless good cause justifies a late request.
Court permission is needed to adjourn any scheduled appearance. Requests shall be e-filed no later than two (2) business days in advance of the scheduled appearance. Requests submitted after the deadline will be denied absent a showing of good cause.
A first-time Part 99 adjournment request requires a stipulation signed by counsel for every party consenting to the adjournment.
To request an adjournment on a matter appearing on the calendar for the first time, parties must submit a stipulation signed by counsel for all parties consenting to the adjournment.
A subsequent adjournment must be supported by good cause.
Subsequent adjournments must be based on good cause.
A subsequent consent-adjournment stipulation must be signed by all counsel and state the original return date, prior adjournments, future court appearances, and good-cause reasons.
To request a subsequent consent adjournment , the parties must submit a stipulation signed by all counsel which shall also include (a) the original return date, (b) any prior adjournments, (c) any future court appearances scheduled in the matter, and (d) the good cause reason(s) underlying the adjournment request.
A party seeking to raise a new determinative issue in oral argument must request an adjournment and present the argument in writing for a future date.
If you think the oral arguments raise issues which are not within your papers but are determinative of any of the issues, then you must request an adjournment to include such arguments in writing so they can be heard on a future date.
Ordinary adjournment requests for oral-argument motions are not entertained; emergency requests may be made by calling the part clerk.
Adjournment requests for motions on the oral argument calendar will not be entertained. If there is an emergency, you may call the part clerk at 347-296-1118, they will contact chambers and the Judge will make a determination on the request.
For an agreed emergency adjournment, the parties must appear and submit an order stating the specific reason for adjournment.
If parties agree to an adjournment they must appear and write an order stating the specific reason they are adjourning the matter since it is supposed to be an emergency.
The Part does not accept late ADR adjournment stipulations or telephone requests, and late requests must be made at the settlement conference calendar call.
THE PART WILL NOT ACCEPT LATE stipulations for adjournments or requests made by telephone. Late adjournment requests will have to be made at the settlement conference calendar call.
A first adjournment request is granted with or without opposing consent, but later nonunanimous requests must be made in person before the judge rather than by contacting court staff.
First time applications to adjourn a motion will be granted WITH or WITHOUT the consent of opposing counsel. After the first adjournment, if all parties do not agree on an adjournment, an application MUST BE made IN PERSON to the judge. DO NOT CALL OR EMAIL THE PART CLERK OR THE SECRETARY. THEY CANNOT ADJOURN THE MOTION UNLESS ALL PARTIES AGREE.
The Part does not accept late adjournment stipulations, and late adjournment requests must be made at the motion calendar call.
THE PART IS NO LONGER ACCEPTING LATE stipulations for adjournments. Late adjournment requests will have to be made at the motion calendar call.
The parties may jointly request their first adjournment by filing a fully executed written stipulation with the Kings County Clerk’s Office or, for an e-filed case, through NYSCEF, at least two (2) business days before the motion’s calendar date.
The parties may jointly request “their first adjournment”* by written fully executed stipulation that must be filed with the Kings County Clerk’s Office (or with the NYSCEF system if the case is e-filed) no less than two (2) business days before the motion’s calendar date.
Any adjournment request other than the first request for a first-time motion must be made in person and on the record.
Any request for an adjournment, other the first adjournment request on a-first-time-on-motion, must be made in person and on the record.
Inquest adjournment requests must be emailed to both law clerks with all appearing parties copied; filing the request or stipulation on NYSCEF alone is insufficient.
Requests for adjournments must be emailed to cfelix@nycourts.gov and jebernard@nycourts.gov (Do not email/send to Part Clerk). All appearing parties must be copied on such requests. The filing of a request or stipulation on NYSCEF will not suffice.
Failure to obtain subpoenaed documents is not good cause when the subpoena was served four or fewer weeks before the inquest.
Failure to obtain subpoenaed documents, where the subpoena was served 4 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.
A DJMP inquest will not be adjournged without a showing of good cause.
Inquests will not be adjourned absent good cause shown.
Failure to obtain documents served within 12 weeks or fewer of the inquest is not good cause for an adjournment.
Failure to obtain subpoenaed documents, where the subpoena was served 12 weeks or fewer prior to the scheduled inquest date shall not be deemed good cause.
DJMP and Part 17 motion-adjournment requests and stipulations must state the basis for the request and include a Part Rules-compliant briefing schedule.
Requests and stipulations shall include the basis for the adjournment request and a briefing schedule compliant with the Part Rules requirements for timely submission of papers.
A first agreed motion adjournment must be requested by 4:00 p.m. on the business day before the return date.
Any request for a first adjournment of a motion that is on consent of all parties must be made by 4:00 pm the business day before the scheduled return date.
All other motion-adjournment requests must be made by 10:00 a.m. on the business day before the return date.
All other requests must be made by 10:00 am on the business day before the scheduled return date.
A second or later motion-adjournment request will not be granted, even with unanimous consent, absent good cause.
Second or subsequent requests for adjournments, even if on consent of all parties, will not be granted absent good cause shown.
A consent adjournment requires a fully executed stipulation showing good cause and proposing a briefing schedule.
Adjournments on consent require a fully executed stipulation demonstrating good cause and containing a proposed briefing schedule.
Adjournment requests are granted only when all parties consent and file a stipulation through NYSCEF before the return date.
ADJOURNMENT REQUESTS ARE ONLY GRANTED: ON CONSENT OF ALL PARTIES BY NYSCEF FILING OF A STIPULATION PRIOR TO THE RETURN DATE.
Parties may not stipulate to filing answering papers fewer than two weeks before the return date.
PARTIES CANNOT STIPULATE TO FILING ANSWERING PAPERS LESS THAN 2 WEEKS PRIOR TO THE RETURN DATE.
Any adjournment beyond the initial permitted adjournment requires an application to the Court showing good cause.
Any further adjournments must be made upon application to the Court for good cause.
The auction closing is to be scheduled within 30 days after the auction, and court consent is required to adjourn the closing beyond 90 days.
Bidders are cautioned that the failure to pay the full purchase price bid and appropriate closing costs at a closing to be scheduled within thirty (30) days following the auction may result in the forfeiture of the 10% deposit. The consent of the Court will be required for adjournment of the closing beyond ninety (90) days.
The firm and final trial date may be adjourned when good cause is shown.
This date may be adjourned for good cause shown.
Unless the judge's Part Rules provide otherwise, motions may be adjourned twice with consent and without appearance, for no more than 60 days from the initial return date.
Unless the Judge’s Part Rules provide otherwise, motions may be adjourned twice, on consent, without appearance, for a period not to exceed sixty (60) days from the initial return date of the motion.
Adjournments of the scheduling process are expressly limited.
The Preliminary Conference (PC) must be scheduled within forty-five (45) days of the RJI being filed and adjournments will be limited.
The trial date will not be adjourned without express permission from the court.
4. There will be no adjournments of the trial date without express court permission.
Referee referral dates should not be adjourned absent good cause.
These referrals are NOT for the purpose of extensive conferencing and the dates selected should not be adjourned, without good cause.
A party must provide the mediator 24 hours' advance written notice of intent to cancel the initial mediation session to avoid potentially forfeiting the right to continue in mediation.
If either party fails to attend the initial, free-of-charge scheduled session or does not provide 24-hour advance written notice to the mediator of their intent to cancel the session, they may forfeit the right to continue in mediation.
Parties may stipulate to one adjournment of no more than 60 days when settlement is pending or proposed and use the time to submit settlement or discontinuance documentation.
In instances where the parties represent that an action has been settled or is in the process of settling, the parties may stipulate to a single or one-time adjournment of not more than sixty (60) days to allow for the submission of all requisite documentation (i.e. stipulations of settlement / discontinuance).
If fewer than all parties appear and report a settlement, a default order permits one adjournment of no more than 60 days for submission of settlement or discontinuance documentation.
In instances where a single party or less than all parties appear and represent that an action has been settled or is in the process of settling, the appearing parties will enter into a default order that directs a single or one-time adjournment of not more than sixty (60) days to allow for the submission of all requisite documentation (i.e. stipulations of settlement / discontinuance).
A fully consensual motion-adjournment application must be heard by a court attorney.
Applications for adjournment on consent of all parties shall be heard by the court attorneys.
A first-time adjournment stipulation must address every caption party and explain why any non-signing party is not signing.
The stipulation must account for all parties in the caption. If a named party in the caption is not signing the stipulation for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason should be stated in the stipulation.
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.
Consensual motions may be adjourned twice without appearance by submitting a duly executed stipulation.
Motions may, without appearance, be adjourned twice on consent to the Court’s next available motion date upon the submission of a duly executed stipulation of adjournment.
All adjournments are subject to the Court's discretion.
All adjournments are at the discretion of the Court.
If the third day before the motion date is a weekend or holiday, the deadline moves to 5:00 p.m. on the preceding business day.
If said third day prior to the scheduled motion date is a Saturday, Sunday, or holiday, the deadline shall be 5:00 p.m. of the last business day before said third day prior to the scheduled motion date.
Hearings for compromise matters are scheduled by the court, and adjournments must be obtained through chambers.
Any adjournments must be obtained through chambers.
An adjournment request should state whether the request is consensual.
Requests for an adjournment should include whether the request is on consent.
Failure to timely object by the stated email deadline waives the objection to the adjournment.
Failure to comply with this directive shall be deemed a waiver of objection to the adjournment.
A further adjournment request requires an oral application on the return date and may be granted only for good cause in the court’s discretion.
Thereafter, an oral application for an adjournment must be made on the return date. Such adjournments will only be granted at the discretion of the Court, for good cause.
Adjournment requests must be submitted by email to Part 5Z or by telephone with all attorneys included in the correspondence or call.
Requests for adjournments must be made either via email to the Part or via telephone with all attorneys included in the correspondence/call.
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.
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.
Parties seeking an adjournment should complete a briefing schedule form.
Parties seeking an adjournment should complete a briefing schedule form.
A first-time motion may be adjourned to a Wednesday no more than six weeks after its return date.
A ‘first time on’ motion may be adjourned to a Wednesday, no more than 6 weeks from the return date.
A first-time motion adjournment may be stipulated once, generally no more than six weeks from the initial return date, with a stipulation filed at least three business days before the first appearance that addresses every caption party and includes a briefing schedule.
Motions may be adjourned once upon consent of the parties or upon application to the court. Parties may stipulate to adjourn a “first time” on motion no more than six (6) weeks from the initial return date. The stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.) the reason for the exclusion should be stated in the stipulation. A stipulation of adjournment shall be filed, at least three (3) business days prior to the scheduled first appearance and contain a briefing schedule.
A further or contested motion adjournment requires an in-person good-cause application on the motion's return date.
Any further adjournments must be made upon application to the court in-person for good cause on the return date of the motion. A contested further adjournment may be granted upon good cause shown.
After obtaining two consent adjournments, the court may permit another consented adjournment with a briefing schedule if good cause is shown.
After the parties obtain two adjournments, a further adjournment on consent (with a briefing schedule) may be permitted, if good cause is shown.
A granted adjournment will be reset to the next available date convenient to the Court.
Adjournments will be to the next available date convenient to the Court.
An emergency adjournment application may be made in person at the calendar call by a person from the requesting law firm or the adversary.
If there is an emergency application for an adjournment request, one can be made in-person by a person from your law firm or your adversary AT THE CALENDAR CALL
Requests to adjourn because counsel is actually engaged are governed by Part 125 of the Rules of the Chief Administrator of the Courts.
Adjournments on the ground of engagement of counsel will be granted in accordance with Part 125 of the Rules of the Chief Administrator of the Courts.
Motion adjournments in JCP and CTRP must conform to the applicable part routine.
Motion adjournments conform to specific part routine (JCP, CTRP).
A consent-adjournment stipulation must account for all captioned parties and explain any party excluded from receiving a copy.
The Stipulation must account for all parties in the caption. If a named party in the caption is not being sent a copy for any reason (e.g., the party has not appeared in the action, the action has been discontinued against that party, etc.), the reason for the exclusion must be stated in the stipulation.
The requested new adjournment date must be within six weeks of the current return date, although the Court may change that date.
In addition to including the calendar date and number currently scheduled, the requested adjournment must be within six (6) weeks from the return date, which date may have to be changed by the Court.
A subsequent adjournment request, even on party consent, requires a showing of good cause.
However, any subsequent adjournment requests, even if on consent of the parties, shall be considered upon good cause as to why a subsequent adjournment is needed.
A contested motion may be adjourned through an oral application made on the motion's return date.
An oral application to adjourn a motion may be made before the Court on the return date of the motion.
A motion appearing for the first time may be adjourned by party stipulation or by application to the court.
Motions on the calendar for the first time may be adjourned by stipulation of the parties or upon application to the court.
A first-time motion adjournment should not select a date more than 30 days away without court consent.
Do not choose an adjourn date longer than 30 days without consent of court.
Motion adjournments other than first-time adjournments by stipulation or application must be requested by application to the court.
All other adjournments must be sought by application to the court.
A party seeking a first-time calendar adjournment is expected to contact the opposing side to seek the adjournment.
However, the court expects that the party requesting the adjournment has contacted the opposing side to seek the adjournment in order to avoid a wasted trip to the court and will consider it.
A late adjournment request must be made by application at the Part 99 calendar call.
Late adjournment requests will have to be made by application at the call of the calendar.
Without agreement of the parties, an adjournment request must be made by application at the Part 99 Calendar call.
Absent an agreement of the parties, adjournment request will have to be made by application at the call of the Part 99 Calendar.
After a motion is adjourned, counsel must notify the calendar clerk or paralegal of the new date.
If your motion is adjourned, it is the attorneys’ responsibility to inform their calendar clerk and/or paralegal of the adjourn date.
Only two stipulations for adjournment may be submitted without prior court approval.
Parties may submit a stipulation:Consenting to an adjournment with briefing schedule. (Note: Only two adjournments will be permitted without prior court approval).
Only one ADR adjournment request may be made without court consent.
Further, only one adjournment request will be permitted without consent from the Court.
Randomly calendared Part 13 motions may be administratively adjourned to a Part 13 motion calendar date different from the date stated in the Notice of Motion.
Motions that are randomly calendared under Part 13 by the motion support office or another Justice, will be administratively adjourned to one of Part 13’s motion calendar dates, but not necessarily on the return date specified in the Notice of Motion.
A contested motion adjournment may be requested orally before the Court on the motion’s return date.
An oral application to adjourn a motion may be made before the Court on the return date of the motion.
A consented motion-adjournment request must include a proposed briefing schedule if the motion has not been fully briefed.
Requested adjournments that are on consent must include a proposed briefing schedule, to the extent that the motion has not been fully briefed.
A motion may be adjourned once by party consent or court application, but not by telephone; a stipulated confirmation must be emailed to the judge’s law clerks, and further adjournments require a good-cause application.
Motions may be adjourned once upon consent of the parties or upon application to the Court. No adjournments will be granted via telephone. A confirmation, in stipulation form, is to be emailed to the Judge’s law clerks at lstewart@nycourts.gov and bthurman@nycourts.gov. Any further adjournments must be made upon application to the Court for good cause.
The court expects reasonable first-time adjournment requests of no more than four weeks not to be opposed absent unusual circumstances causing undue prejudice.
The Court expects counsel to extend each other professional courtesy when considering any “first time” request for an adjournment and that all such requests, if for a reasonable period not to exceed four weeks, will not be opposed absent unusual circumstances giving rise to undue prejudice.
The Court grants a first motion adjournment as of right.
The Court grants first adjournments of motions as of right.
How do I request an adjournment or extension in New York Supreme Court, Kings County?
Advance notice is not fully stated in the structured details. Parties may adjourn a motion twice by consent; after the second adjournment, the court will grant an adjournment only for cause.
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Maximum page counts and word limits for motions, briefs, and other filings by judge.
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When and how to deliver courtesy copies to chambers, including triggers, timing, and formatting.
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