Court Rules

Court-wide rules

Applies court-wide

These 265 rules apply across New York Supreme Court, New York County. Where this judge's own standing orders above address the same topic, the judge's requirement controls.

Filing Requirements

All 60
  • Applies to
    Filing agent authorization

    A filing agent must submit an authorization form before or with the attorney’s first NYSCEF filing in the action.

  • Applies to
    Hard copy documents
    Must include
    notice of electronic filing

    Nonparticipating counsel must submit the original hard-copy documents, an additional unbound copy, and a Notice of Hard-Copy Submission simultaneously.

  • Applies to
    Attorney filing account
    Must include
    notice of electronic filing

    An attorney using a filing agent must have a User ID and password so the agent’s filings are associated with the attorney of record.

E-Filing

All 59
  • For cases commenced on or after February 19, 2013, e-filing through NYSCEF is mandatory except for the listed case types, and all subsequent documents must be e-filed.

  • An attorney lacking the equipment or knowledge to e-file, and lacking qualifying staff support, may opt out of mandatory e-filing by filing Form EFM 2 with the Clerk.

  • Unrepresented litigants are automatically exempt from mandatory e-filing but may voluntarily participate.

Filing Timing

All 38
  • Deadline
    3 business days

    Failure to electronically refile hard-copy documents within three business days will cause the originals to be discarded and may result in an incomplete court record.

  • A motion on notice or notice of petition must be e-filed no later than eight days before the return date.

  • Deadline
    24 hours

    The Clerk normally takes 24 hours to review and process a proposed order to show cause.

Sealing

All 25
  • To correct an electronically filed document containing confidential data or filed in error, notify the parties and non-party filers, request restricted status through NYSCEF, and file an order to show cause within five business days seeking temporary relief and correction; restricted status expires after five days unless extended by the required notification and order.

  • An order granting relief to correct a filing must be submitted to the County Clerk using the applicable notice form, with the sealing-order procedure using the NYSCEF sealing notification and a copy of the order.

  • An infant's compromise application must be filed through NYSCEF in redacted form, with an unredacted copy submitted for the Justice's action.

About Judge Brendan T. Lantry

- **Address:** 71 Thomas Street, New York, NY 10013 - **Part:** Part 46 General IAS Part - **Chambers:** Room 103 - **Chambers Phone:** (646) 386-4945 - **Courtroom:** Room 103 - **Courtroom Phone:** (646) 386-3279 - **Assistant Law Clerk:** Jacob Naim, Esq. - **Principal Law Clerk:** Lindsey DeMaria, Esq.

Common questions about Judge Brendan T. Lantry's rules

Does Judge Brendan T. Lantry require a pre-motion conference or letter before filing a motion?

Judge Brendan T. Lantry's rules set a pre-motion procedure for discovery. A discovery motion may not be filed unless the party complies with 22 NYCRR §§ 202.7 and 202.20-f.

View ruleSource: page 3, section IV. Motions — c. Discovery motions

What formatting rules apply to filings before Judge Brendan T. Lantry?

Judge Brendan T. Lantry's formatting rule includes file format docx and must be emailed to justice lantry’s law clerks. All proposed jury charges and verdict sheets must be emailed to Justice Lantry’s law clerks in Word format.

View ruleSource: page 6, section q. Proposed Jury Charges, Verdict Sheets and Charge Conferences

What must be included with temporary restraining order filings before Judge Brendan T. Lantry?

The rule identifies required filing content or certificates. A party seeking a temporary restraining order must provide proof of adversary notice and the time, date, and manner on which the application will be presented for signature.

View ruleSource: page 3, section IV. Motions — e. Orders to Show Cause

What must be included with proposed order filings before Judge Brendan T. Lantry?

The rule requires proposed order. Parties must e-mail a proposed Preliminary Conference Order to the Part Clerk by 3:00 p.m. on the day before the conference, in lieu of appearing.

View ruleSource: page 1, section Discovery/Conferences — Preliminary Conferences

How may parties contact Judge Brendan T. Lantry's chambers?

Ex parte communications with the Court are prohibited, and all parties must participate in any communication with the Court.

View ruleSource: page 1, section Correspondence with the Court

How do I request an adjournment or extension before Judge Brendan T. Lantry?

Requests should be made at least 48 hours in advance when this rule applies before Judge Brendan T. Lantry. An adjournment request for a conference or motion appearance must be submitted at least 48 hours in advance, absent exigent circumstances, and state whether all parties consent.

View ruleSource: page 4, section VI. Adjournments/Scheduling

Is electronic filing required before Judge Brendan T. Lantry?

No. Electronic filing is prohibited for the covered filings. Correspondence and other documentation may not be uploaded to NYSCEF to request a response from the Court.

View ruleSource: page 1, section Correspondence with the Court

What filing deadlines does Judge Brendan T. Lantry set?

A summary-judgment motion must be filed no later than 60 days after the Note of Issue unless the Court grants leave.

View ruleSource: page 3, section IV. Motions — d. Summary Judgment motions

What rule applies to service for motion before Judge Brendan T. Lantry?

Proof of service is required for the covered service rule. Every movant must file a proper affidavit of service through NYSCEF, and relief will be denied without it.

View ruleSource: page 3, section IV. Motions
Complete rules summary for Judge Brendan T. Lantry

A party seeking a temporary restraining order must provide proof of adversary notice and the time, date, and manner on which the application will be presented for signature.

Ex parte communications with the Court are prohibited, and all parties must participate in any communication with the Court.

All correspondence sent to the Part Clerk must be copied to every other attorney or unrepresented party in the action.

Attorneys and unrepresented parties may not discuss the merits of a case with the Part Clerk by e-mail.

Correspondence and other documentation may not be uploaded to NYSCEF to request a response from the Court.

A party represented by an attorney may not contact the Court unless the Court expressly directs it to do so.

Parties must e-mail a proposed Preliminary Conference Order to the Part Clerk by 3:00 p.m. on the day before the conference, in lieu of appearing.

Failure to submit the proposed Preliminary Conference Order by the deadline requires an in-person appearance at the scheduled conference.

A proposed Preliminary Conference Order must leave the Compliance Conference date and Note of Issue filing deadline spaces blank.

A proposed Preliminary Conference Order may not be filed through NYSCEF; the Court's so-ordered version will be e-filed.

The Preliminary Conference Order approved and so ordered by the Court will be e-filed.

If the parties cannot agree on PCO terms, they must advise the Court by e-mail by 3:00 p.m. the day before the conference so it can arrange an in-person conference.

A party requesting an in-person conference for another reason must advise the Court by 3:00 p.m. the day before the scheduled appearance.

Parties must e-mail a proposed Compliance Conference Order to the Part Clerk by 3:00 p.m. on the day before the conference, in lieu of appearing.

A proposed Compliance Conference Order must leave the Status Conference date and Note of Issue filing deadline spaces blank.

A proposed Compliance Conference Order may not be filed through NYSCEF; the Court's so-ordered version will be e-filed.

If the parties cannot agree on CCO terms, they must advise the Court by e-mail by 3:00 p.m. the day before the conference so it can arrange an in-person conference.

The parties must appear in person at Status Conferences.

The parties must prepare a draft Status Conference Order before the conference and either e-mail it to the Court in advance or provide it at the appearance.

Submitting the Status Conference Order by e-mail in advance does not excuse the parties from appearing in person.

At any point in the litigation, a party may request a conference by e-mailing the Part Clerk.

Deadlines established in a PCO, CCO, or SCO may be extended only with the Court's permission and a showing of good cause.

Working copies of motion papers must not be filed unless the Court expressly directs that they be filed.

Every movant must file a proper affidavit of service through NYSCEF, and relief will be denied without it.

A discovery motion may not be filed unless the party complies with 22 NYCRR §§ 202.7 and 202.20-f.

A party must request a pre-filing conference before making a discovery motion, although counsel believing the conference futile may request leave to proceed without one.

The Court may in its discretion hold the conference or grant leave to make the discovery motion without one.

When the Court grants leave to file a discovery motion, the good-faith affirmation must state precisely when and by whom leave was granted.

A summary-judgment motion must be filed no later than 60 days after the Note of Issue unless the Court grants leave.

The notice of summary-judgment motion or the opening of its supporting affirmation should state when the Note of Issue was filed and that the motion is timely.

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