Judge Christie L. D'Alessio
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Document Limits
Courtesy Copies
Attorney filings
Court-wide- 1 copy • Following Initial Notification
Courtesy copies
Court-wide- Civil, Pro Se:
- Not required
- Civil, Pro Se:Within 48 Hours
Note Of Issue And Certificate Of Readiness
Court-wide- Within Two Business Days
Stipulation Of Discontinuance
Court-wide- 1 copy
Adjournments
- All adjournments require specific Court permission, and the requesting party must first seek consent from all other counsel or self-represented parties.
- As a matter of Part policy, only one brief adjournment of a scheduled hearing date may be requested.
- The requesting party must submit a letter to the Court on notice to all parties stating the reason for the request, whether it is consensual, and any unavailable attorney or self-represented party.
- +1 more
Request must include
Communication
Clerk9 contacts
- medmalwestchester@nycourts.gov
- dutchessauctions@nycourts.gov
- orangeauctions@nycourts.gov
- putnamauctions@nycourts.gov
- rocklandauctions@nycourts.gov
- tapwestchester@nycourts.gov
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- (914) 824-5446
- (845) 476-3429
- (914) 824-5623
Other Contacts2 contacts
- (646) 386-3033
- (914) 824-5300
Document Filing Requirements13 rules
Checked against the court's document on Oct 5, 2026Mandatory
An Article 81 guardianship must be commenced by filing a Notice of Article 81 Proceeding, OSC, verified petition, supporting papers, and a copy of the RJI.
Mental Hygiene Law Article 81 Guardianships are commenced by the filing of a Notice of Article 81 Proceeding, an Order to Show Cause (OSC), Verified Petition, and supporting papers with a copy of the RJI.
Document Type
Initial Guardianship Application
Checked against the court's document on Oct 5, 2026Mandatory
All court filings and correspondence must include the assigned index number, the judge's name if known, the AIP's or IP's full name, and the return date when applicable.
All filings and correspondence sent to the Court must contain the assigned Index Number, Judge’s name (if known), the AIP’s/IP’s full name, and, if applicable, the return date.
Document Type
Filing Or Correspondence
Checked against the court's document on Oct 5, 2026Mandatory
Every proposed Findings and Judgment must follow the court's prescribed form.
All proposed Findings and Judgments shall follow the court form, which may be obtained from the Westchester Guardianship Part website or from the Part Clerk or Referee listed above
Document Type
Proposed Findings Judgment
Checked against the court's document on Oct 5, 2026Mandatory
When known, a proposed judgment must include each proposed guardian's name, address, email address, and phone number.
If known, the proposed judgment must contain the proposed Guardian(s)’ name(s), address(es), email address(es), and phone number(s).
Document Type
Proposed Judgment
Checked against the court's document on Oct 5, 2026Mandatory
Upon receiving the judgment and UCS Form 872, each appointee must complete, execute, and return the form to the Fiduciary Clerk.
ORDERED AND ADJUDGED, that upon receipt of this Judgment and UCS Form 872 (Notice of Appointment and Certification of Compliance), all appointees shall complete, execute and return the UCS Form 872 to the Fiduciary Clerk;
Document Type
UCS Form 872
Checked against the court's document on Oct 5, 2026Mandatory
A legal or professional fee affirmation must include a detailed affirmation of services, an itemized billing sheet with hourly rates, and a copy of the retainer if applicable; court approval is required before payment.
16. An affirmation for legal or professional fees must be accompanied by a detailed affirmation of services and an itemized billing sheet and hourly rate(s) and a copy of the Retainer, if applicable. The request for attorney’s fees must be approved by the Court prior to any payment being made.
Document Type
Affirmation For Legal Or Professional Fees
Checked against the court's document on Oct 5, 2026Mandatory
After the hearing, court-appointed individuals must, when appropriate, file a completed UCS Form 875 statement of approval of compensation with a detailed affidavit of legal services and timesheets or invoice.
Upon completion of the hearing, all individuals appointed by the Court shall comply with Part 36 of the Rules of the Chief Judge and file, when appropriate, a Statement of Approval of Compensation (UCS Form 875 - with items 1 through 13 completed) along with their detailed Affidavit of Legal Services and timesheets/invoice.
Document Type
Statement Of Approval Of Compensation
Checked against the court's document on Oct 5, 2026Mandatory
Requests to unseal sealed guardianship matters must be made by Order to Show Cause.
11. All requests for unsealing sealed Guardianship matters (see, MHL § 81.14) must be made by way of Order to Show Cause.
Document Type
Order To Show Cause
Checked against the court's document on Oct 5, 2026Mandatory
After final-accounting approval, the Ex Parte Order to Discharge Guardian must be filed by the date set by the Court and on notice to any party entitled to notice.
21. The Ex Parte Order to Discharge Guardian after the final accounting has been approved shall be filed with the Court by the date set by the Court in the order approving the Final Accounting, on notice to any other party entitled to notice.
Document Type
Ex Parte Order To Discharge Guardian
Checked against the court's document on Oct 5, 2026Important
Appearances ordinarily are in person, and any request to appear virtually must be made in writing, noticed to all parties, and state a reason.
All appearances are in person, in Westchester Supreme Court. Requests for an accommodation to appear virtually shall be made in writing to the Court and on notice to all parties and shall state a reason for the request.
Document Type
Virtual Appearance Accommodation Request
Not confirmed. Read the court's wording below.Mandatory?
The proposed Findings and Judgment, along with a copy of the transcript, shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Summary: The filing of the proposed Findings and Judgment must include a copy of the transcript and a Notice of Settlement unless the Court directs otherwise.
Document Type
Proposed Findings Judgment
Not confirmed. Read the court's wording below.Mandatory?
All proposed judgments submitted to the Court that reference a Part 36 appointee must include the following fiduciary language:
Summary: Every proposed judgment that references a Part 36 appointee must include the prescribed fiduciary language.
Document Type
Proposed Judgment
Not confirmed. Read the court's wording below.Mandatory?
8. All proposed orders for post-judgment matters shall be submitted within seven (7) days of the court appearance, or as otherwise directed by the Court. The proposed orders shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Summary: Post-judgment proposed orders must be submitted within seven days of the court appearance, served on all interested parties, and filed with a Notice of Settlement unless the Court directs otherwise.
Document Type
Proposed Order
Filing & Service rules
Electronic Filing Rules
Post-judgment applications in electronically initiated guardianship matters must be e-filed through NYSCEF, while all other Article 81 matters must be submitted by U.S. mail or in person to the Westchester County Clerk.
The Guardianship Part will not accept paper filings for NYSCEF matters. Post-judgment applications on Guardianship matters that were initiated electronically must be e-filed through the NYSCEF site. All other Article 81 Guardianship matters are deemed “paper cases” for which filings must be submitted via U.S. mail or in person at the Westchester County Clerk’s office.
Checked and corrected to match the court's document on Oct 5, 2026
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
All initial Article 81 guardianship applications must be filed electronically through NYSCEF.
All initial applications are to be electronically filed through the New York State Courts Electronic Filing (NYSCEF) system at https://iapps.courts.state.ny.us/nyscef/Login ).
Not confirmed. Read the court's wording below.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Neither filings nor proposed orders may be submitted to the Guardianship Part by email.
The Guardianship Part will not accept filings or proposed orders via email.
Not confirmed. Read the court's wording below.
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Filing Timing and Cure Windows
Proposed Findings and Judgments must be submitted within seven days after receipt of the transcript unless the Court directs otherwise.
All proposed Findings and Judgments shall follow the court form, which may be obtained from the Westchester Guardianship Part website or from the Part Clerk or Referee listed above and be submitted within seven (7) days from receipt of the transcript, or as otherwise directed by the Court.
Checked against the court's document on Oct 5, 2026
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
Post-judgment proposed orders must be submitted within seven days of the court appearance unless the Court directs otherwise.
8. All proposed orders for post-judgment matters shall be submitted within seven (7) days of the court appearance, or as otherwise directed by the Court.
Checked against the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Initial guardian reports are due within 90 days of the judgment, annual accountings are due no later than May 15 for the preceding calendar year, and final accountings are due within 45 days after death or other termination of guardianship.
20. The filing schedule for Guardian’s accountings is: a. Initial Report - within 90 days of the signing of the Judgment. b. Annual Accountings - no later than May 15th for the preceding calendar year. c. Final Accountings - within 45 days of the death of the IP or other termination of the guardianship.
Checked against the court's document on Oct 5, 2026
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
The Ex Parte Order to Discharge Guardian must be filed by the date set by the Court in the order approving the Final Accounting and served on any party entitled to notice.
21. The Ex Parte Order to Discharge Guardian after the final accounting has been approved shall be filed with the Court by the date set by the Court in the order approving the Final Accounting, on notice to any other party entitled to notice.
Not confirmed. Read the court's wording below.
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Service and Proof of Service Rules
Post-judgment applications must be filed with the Westchester County Clerk and noticed to all interested parties in the manner stated in the Findings of Fact, Conclusions of Law and Judgment.
All post-judgment applications shall be filed with the Westchester County Clerk and noticed to all interested parties as set forth in the Findings of Fact, Conclusions of Law and Judgment.
Checked against the court's document on Oct 5, 2026
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
Proof of service must be filed with the court at least two business days before the return date for every OSC, motion, and post-judgment application.
Proof of service must be filed with the Court at least two (2) business days before the return date of all OSC, motions, and post-judgment applications.
Checked against the court's document on Oct 5, 2026
Page 1 | WESTCHESTER COUNTY GUARDIANSHIP PART
The proposed Findings and Judgment and a transcript copy must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.
The proposed Findings and Judgment, along with a copy of the transcript, shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Checked against the court's document on Oct 5, 2026
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
The movant must serve all decisions, orders, and judgments on counsel, guardians, the Court Examiner, and interested parties within ten days unless the Court directs otherwise.
9. All decisions, orders, and judgments shall be served by the movant on all counsel, Guardian(s), Court Examiner, and interested parties within ten (10) days of the date of the decision, order, and judgment, unless otherwise directed by the Court.
Checked and corrected to match the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Applications for attorney or professional fees must be served on Mental Hygiene Legal Service or other appointed or retained counsel, the Court Examiner, guardians, and any other entity or party entitled to notice under the findings, conclusions, and judgment.
17. All applications for attorney/professional fees shall be served on Mental Hygiene Legal Service (or other appointed or retained counsel), the Court Examiner, and the Guardian(s), and any other entity or party entitled to notice pursuant to the Findings of Fact, Conclusions of Law and Judgment.
Checked and corrected to match the court's document on Oct 5, 2026
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
All initial, annual, and final guardian accountings must be filed with the County Clerk, and a copy must be sent directly to the appointed Court Examiner.
19. All Guardian accountings (initial, annual, and final) must be filed in the County Clerk’s Office and a copy of the accounting(s) shall be sent directly to the appointed Court Examiner.
Checked and corrected to match the court's document on Oct 5, 2026
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Post-judgment proposed orders must be served on all interested parties and filed with a Notice of Settlement unless the Court directs otherwise.
The proposed orders shall be served on all interested parties and filed with Notice of Settlement, or as otherwise directed by the Court.
Not confirmed. Read the court's wording below.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Filing Fees and Waivers
The Court must approve any request for attorney’s fees before payment is made.
The request for attorney’s fees must be approved by the Court prior to any payment being made.
Checked against the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
No guardianship commissions or professional-service fees may be paid without a prior court order.
18. No guardianship commissions or fees for any professional services shall be paid without prior court order.
Checked against the court's document on Oct 5, 2026
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Estate assets may not be dispersed or turned over to the Surrogate’s Court without the prior approval of this Court.
Note: No estate assets may be dispersed or turned over to the Surrogate’s Court without prior approval of this Court.
Checked against the court's document on Oct 5, 2026
Page 4 | WESTCHESTER COUNTY GUARDIANSHIP PART
Pre-Motion Conference Requirements
Cross-petitions may not be filed without the Court’s permission.
12. Cross-Petitions shall not be filed without permission of the Court.
Checked and corrected to match the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Discovery motions require the Court’s prior permission, and discovery is permitted only under unusual circumstances.
10. No discovery motions shall be allowed without prior permission of the Court. The CPLR is the governing procedure for all motions. Discovery shall not be permitted except under unusual circumstances.
Checked against the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Adjournment & Extension Requirements
After receiving notice of the adjourned date, the requesting party must notify all other parties.
Once notified of the adjourned date, the requesting party will be responsible to notify all other parties.
Checked against the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
As a matter of Part policy, only one brief adjournment of a scheduled hearing date may be requested.
Due to statutory dictates, it is the policy of the Part that only one (1) brief adjournment of a scheduled hearing date may be requested.
Checked against the court's document on Oct 5, 2026
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
All adjournments require specific Court permission, and the requesting party must first seek consent from all other counsel or self-represented parties.
13. All adjournments require specific permission of the Court. Prior to making an adjournment request to the Court, counsel or a self-represented party must first seek the consent of all other counsel or self-represented parties.
Not confirmed. Read the court's wording below.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
The requesting party must submit a letter to the Court on notice to all parties stating the reason for the request, whether it is consensual, and any unavailable attorney or self-represented party.
The party requesting the adjournment must submit a letter to the Court, on notice to all counsel or self-represented parties, indicating the reason for the adjournment request, whether the adjournment is on consent and noting the unavailability of any of the attorneys or self-represented parties so that the Court may select a new date in the event that the request is granted by the Court.
Not confirmed. Read the court's wording below.
Page 3 | WESTCHESTER COUNTY GUARDIANSHIP PART
Chambers Communication Rules
Counsel or a self-represented party needing a sign or spoken-language interpreter must notify the Part Clerk at least two weeks before the appearance date.
In the event a sign or spoken language interpreter is required at any stage of the litigation, counsel or the self-represented party shall notify the Part Clerk at least two (2) weeks in advance of the appearance date so arrangements can be made.
Checked against the court's document on Oct 5, 2026
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART
Counsel or a self-represented party needing special accommodations must notify the Part Clerk at least two weeks before the appearance.
If any party needs special accommodations (e.g., assisted hearing device, under the Americans with Disabilities Act), counsel or the self-represented party shall notify the Part Clerk at least two (2) weeks in advance of the appearance so arrangements can be made.
Checked against the court's document on Oct 5, 2026
Page 2 | WESTCHESTER COUNTY GUARDIANSHIP PART