Judge’s Corner

April 2, 2021 - Administrative Update

Please submit all proposed orders, or stipulations to be so ordered, to the Part 13 email address (SFC-Part13@nycourts.gov) only.

Orders should not be submitted to the Part clerk’s email address (SFC-Part13-Clerk@nycourts.gov).

Questions with regards to a Teams conference should be sent to Ms. Monica Cheng at mcheng@nycourts.gov.

July 14, 2020 - Special Announcement

NYCAL sends best wishes to Judge Mendez and Judge Shulman who, along with Judges Scarpulla & Kennedy, were just appointed to the Appellate Division, First Department!

July 10, 2020 - Remote Conference Directive

June 13, 2020 - NOSJMs and NYSCEF

Counsel should continue to mail their NOSJM to the special part email we have set up ( SFC-PART13@nycourts.gov ). The court will print, sign and upload their NOSJMs onto the NYSCEF system. They will then be able to print the signed NOSJM from the NYSCEF system once it is uploaded and processed.

June 13, 2020 - NOSJMs and NYSCEF

Counsel should continue to mail their NOSJM to the special part email we have set up ( SFC-PART13@nycourts.gov ). The court will print, sign and upload their NOSJMs onto the NYSCEF system. They will then be able to print the signed NOSJM from the NYSCEF system once it is uploaded and processed.

May 4, 2020
As of today attorneys will be able to do the following by uploading their papers to the NYSCEF system:

- File new motions on pending cases
- File opposition and reply briefs on pending motions
- File Notice of Entry
- File Notices of Appeal
- File stipulations of discontinuance

I have reached out to the MIS division to have them set up a separate Part 13 email where the attorneys can upload in PDF format the documents that they would typically drop off in the Part 13 courtroom on Tuesdays for my signature, such as NOSJM, TEMPORARY APPOINTMENT OF ADMINISTRATOR and DEATH COMPROMISES . I will notify all parties via NYCAL once the email has been established so that those papers are delivered ( in PDF FORMAT) directly to that email for my electronic signature.

If my court attorneys have contacted anyone to ask if they will be opposing a motion, please respond. If you have been given a briefing schedule please comply with it. Provide your papers in the manner requested by my court attorney and also upload your papers to the NYSCEF case motion folder.

DO NOT use an essential case filing form to upload any of these papers, those forms are only to be used when seeking to file a new action. In case of lung cancer or other cancer cases the party seeking to file the new action must notify the attorneys for the defendants that they are seeking to have the matter deemed essential and must provide proof of such notice to the clerk of the court. Defendants must be given 48 hours notice, not counting weekends or holidays, of the application to deem the lung cancer or other cancer case an essential matter. If after 48 hours there is no objection from any defendant I will sign an order deeming the matter essential for filing purposes only and the plaintiff will be allowed to file their action. If there is an objection then I will review the papers and issue an order either deeming the matter essential, or deeming the matter not essential. There will be no other written decision aside from that brief order.

This is a work in progress and there will be further notices as we try to set up a workable system, so please be patient.

Thank you,

M. Mendez

April 20, 2020

Message from the Judge on upcoming FIFO settlement conferences in cases scheduled for trial

April 15, 2020 NOTICE OF ESSENTIAL FILING -

 Plaintiffs may use the NOTICE OF ESSENTIAL FILING PURSUANT TO AO-78-20(E) form ("Essential Form") for living mesothelioma cases to designate each such case as an "essential matter." Plaintiff will serve all known defendants with notice of that filing at the time that they file it with the Court. Notice will be defined as service of the Essential Form, along with all supporting documentation including, but not limited to, the complaint and available diagnostic medical records.

Prior to filing an Essential Form for living lung cancer cases or other asbestos-related malignancy, plaintiff will serve a proposed Essential Form to all known defendants along with supporting documentation including but not limited to diagnostic medical records substantiating exigent status. Defendants will have 48 business hours to advise plaintiff counsel as to whether or not they object to the "essential matter" designation. Weekend or holiday days will not count towards the running of the 48 hours. If no objection, the filing goes forward. If defendant(s) object(s), then filing is referred to Administrative Judge or Special Master in that jurisdiction.

When filing a new action for which you are seeking essential matter designation, you must state on the “essential filing sheet” that you are filing an ASBESTOS MATTER. This makes it easier for the court staff to flag.

The essential filing form is only to be used with the initial filing of a summons and complaint. The form is intended only for that purpose and for no other. This form should not be used to have the clerks process and upload stipulations or to have someone designated administrator of an estate. The attorneys are to hold on to their NOSJM stipulations and other Orders they wish the court to process, until the court reopens or until further notice from me-after consultation with Justice Kaplan- as to how I can sign these and how the clerks can process them. The clerk’s office (ex-parte, motion support, trial support, county clerk) are operating with a very thin skeleton crew, focused primarily on essential matters and can’t take the time from their very busy day to process non-essential matters such as So Ordered Stipulations. We appreciate the attorneys’ patience and cooperation during this time.

If a case or issue has resolved with outstanding motion practice

Judge Mendez has indicated that you can upload a letter withdrawing the motion to the motion folder. The Judge always looks for such letters before deciding any motion.

Justice Adam Silvera Contact Information

Address:
IAS Part 13, 60 Centre Street, Room 442, New York, NY 10007

Telephone numbers:
Part- 646-386-3736
Chambers- 646-386-5705

Law Clerk:
Monica Cheng at mcheng@nycourts.gov

NOSJMs

Justice Mendez’s rules require filing NOSJMs with him on Tuesdays only.

See CMO section XXII.B. pages 36-37.

June 8, 2018

NYCAL Coordinating Judge Motion and Trial Part Rules