Court Rules

Court-wide rules

Applies court-wide

These 25 rules apply across New York Supreme Court, Nassau County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

E-Filing

All 25
  • Applies to
    Summons

    A summons must be filed electronically.

  • Applies to
    Complaint

    A complaint must be filed electronically.

  • Applies to
    Rji and addendum

    The RJI for an uncontested matrimonial action and its addendum must be filed electronically.

About Judge Vito M. DeStefano

- **Phone:** 516-493-3176 - **Fax:** 516-493-3391 - **Law Clerk:** Darryl Lapidus - **Secretary:** Rosanne Reddy

Common questions about Judge Vito M. DeStefano's rules

Does Judge Vito M. DeStefano require a pre-motion conference or letter before filing a motion?

Judge Vito M. DeStefano's rules set a pre-motion procedure for covered motions. Before making or filing any motion, moving counsel must arrange a conference call with the opposing party and the Court to discuss the issues and possible resolution.

View ruleSource: page 2, section II MOTIONS AND ORDERS TO SHOW CAUSE

What formatting rules apply to filings before Judge Vito M. DeStefano?

Judge Vito M. DeStefano's formatting rule includes all trial exhibits shall be pre-marked on the pretrial date., documents shall be placed in binders no larger than three inches, with index numbers and tabs., plaintiffs shall identify exhibits with numbers, and defendants shall identify exhibits with letters., an exhibit book shall be delivered to the court before trial actually begins., and failure to comply may result in sanctions, including an order precluding the offering of the exhibits at trial..

View ruleSource: page 6, section VII TRIAL RULES

What must be included with motion filings before Judge Vito M. DeStefano?

The rule requires statement of facts. Each branch of relief in a motion must be numbered or lettered to correspond to the supporting affirmation or affidavit paragraphs addressing that relief.

View ruleSource: page 2, section II MOTIONS AND ORDERS TO SHOW CAUSE

What must be included with proposed order filings before Judge Vito M. DeStefano?

The rule requires proposed order. When all or part of a motion is settled, the submission must include a proposed order giving at least 10 days' notice of settlement, or a signed waiver of settlement, for the court's conforming copy.

View ruleSource: page 3, section D. Orders to Show Cause

How may parties contact Judge Vito M. DeStefano's chambers?

The rule addresses email communications with Judge Vito M. DeStefano's clerk. Counsel must submit the completed Request for Adjournment Form to both Chambers and the part clerk by fax or email.

View ruleSource: page 1, section I CONFERENCES

How do I request an adjournment or extension before Judge Vito M. DeStefano?

Advance notice is not fully stated in the structured details. Adjournment applications must be submitted before the relevant conference or motion return date.

View ruleSource: page 1, section I CONFERENCES

Does Judge Vito M. DeStefano require motion papers to be bundled?

Yes. Judge Vito M. DeStefano requires bundling for covered papers. Every dispositive motion must be accompanied by a complete set of pleadings.

View ruleSource: page 3, section II MOTIONS AND ORDERS TO SHOW CAUSE

What service or proof of service rules apply before Judge Vito M. DeStefano?

The rule addresses service method, recipient, or timing requirements. Motions must be served and filed in compliance with CPLR 2214.

View ruleSource: page 2, section II MOTIONS AND ORDERS TO SHOW CAUSE
Complete rules summary for Judge Vito M. DeStefano

Adjournment applications must be submitted before the relevant conference or motion return date.

Adjournment requests must be submitted using the Request for Adjournment Form.

The Request for Adjournment Form must include agreed proposed adjournment dates, specified case and conference dates, and the reason for the request.

Absent extraordinary circumstances, an adjournment request must be made by 2:00 p.m. on the business day before the conference or motion return date.

Adjournment requests left on Chambers voice mail will not be considered.

An adjournment request based on engaging new counsel must include the required Affirmation of Engagement and the Request for Adjournment Form.

The adjournment rules apply to every motion and conference.

Counsel must submit the completed Request for Adjournment Form to both Chambers and the part clerk by fax or email.

Before making or filing any motion, moving counsel must arrange a conference call with the opposing party and the Court to discuss the issues and possible resolution.

The moving attorney must attend the pre-motion conference with sufficient familiarity and settlement authority to bind the client.

The pre-motion conference requirement does not apply to counsel-relief applications, motions to dismiss, or motions for summary judgment.

If the matter is resolved during the pre-motion conference, the court may issue an order consistent with the resolution.

Counsel need not appear on a motion's submission date unless the Court directs an appearance.

Motions must be served and filed in compliance with CPLR 2214.

Each branch of relief in a motion must be numbered or lettered to correspond to the supporting affirmation or affidavit paragraphs addressing that relief.

Motions must comply strictly with the length-of-papers rule under 22 NYCRR § 202.8-b or they will be rejected.

An applicant seeking temporary injunctive relief must comply with 22 NYCRR 202.7(f) and, if practicable, provide the opposing side at least 24 hours' advance notice by telephone, facsimile, and/or email before presenting the Order to Show Cause.

Every dispositive motion must be accompanied by a complete set of pleadings.

When all or part of a motion is settled, the submission must include a proposed order giving at least 10 days' notice of settlement, or a signed waiver of settlement, for the court's conforming copy.

The settlement order must be accompanied by a letter identifying the submission date, the settled aspects of the motion, and any remaining issues.

A copy of the stipulation settling the identified issues must be sent to the court.

When a motion is resolved wholly or partly on the record, counsel must obtain the transcript so it can be incorporated into the order unless the court directs otherwise.

A letter to chambers must identify the action's title, the parties' full names, and the index number, and must be delivered simultaneously to all counsel.

Correspondence between counsel may not be sent to the court except as permitted by the Part Rules and 22 NYCRR 202.7.

Facsimile communications or submissions are prohibited unless the court gives prior permission.

The court categorically prohibits ex parte communications concerning any substantive issue.

A sanctions application must include proof that the moving party first sought withdrawal or discontinuation of the conduct for which sanctions are sought.

Before trial, plaintiff's counsel must furnish the court with marked pleadings, applicable statutory provisions, bills of particulars, relevant expert reports, and specified reports, depositions, and written statements.

If deposition testimony will be read into evidence rather than merely used on cross-examination, counsel must provide the court and adversary with page and line numbers well in advance so objections can be addressed before the jury hears the testimony.

Trial exhibits must be premarked by the pretrial date, organized in tabbed binders no larger than three inches with indexed and party-designated exhibits, and delivered to the court in an exhibit book before trial begins; noncompliance may result in sanctions, including exclusion of the exhibits.

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