Judge Ben Barbato
Individual Rules, Standing Orders & Policies
- Rules last changed:
Limits & Logistics
Courtesy Copies
Courtesy copies
Motion
Court-wideNotice Of Motion, Proposed Order
Court-wideOpposition, Reply
Court-wide- Hand Delivery
Communication
Chambers
Document Filing Requirements8 rules
Checked against the court's document on Oct 5, 2026Mandatory
A Note of Issue may not be filed unless it is fully stipulated or the court grants leave through its Law Clerk.
Parties shall not file a Note of Issue unless fully stipulated or upon leave by the Court to do so, which leave shall be communicated by the Court’s Law Clerk.
Document Type
Note Of Issue
Checked against the court's document on Oct 5, 2026Mandatory
A notice requesting a pretrial conference must be signed or agreed to by all parties.
Be advised that if the notice is requesting a pre-trial conference, it must be signed or agreed to by all parties.
Document Type
Pretrial Notice
Checked against the court's document on Oct 5, 2026Important
A settlement-conference request must include the case name, index number, and attorneys’ names and contact phone numbers.
In the request, please include the case name, index number, the names and contact phone number for the attorneys.
Document Type
Settlement Conference Request
Not confirmed. Read the court's wording below.Mandatory?
The stipulation must certify that all discovery is complete and provide for the filing of the NOI.
Summary: The discovery-completion stipulation must certify that discovery is complete and provide for filing the Note of Issue.
Document Type
Stipulation
Not confirmed. Read the court's wording below.Mandatory?
On or before the designated Pre-trial Conference date, the parties shall e-file (if the matter is an e-file case) and e-mail a notice to the Court (PARTIA15@nycourts.gov) indicating whether the parties (1) are requesting a pre-trial virtual settlement conference before the Judge; (2) are agreeing to binding arbitration, a summary jury trial, or a virtual bench trial, (3) have agreed to settle the matter, including the settlement amount if not confidential; or (4) are advising that none of the above applies, and there are no outstanding pre-trial issues in the matter that require Court intervention/resolution.
Summary: By the designated pretrial conference date, the parties must e-file in e-file cases and email Part 15 a notice identifying the parties’ pretrial posture and any settlement amount that is not confidential.
Document Type
Pretrial Notice
Not confirmed. Read the court's wording below.Important?
Such request shall specifically delineate the specific disagreement with regard to outstanding discovery and further the good faith efforts to resolve the same in accord with 22 NYCRR 202.7[c]; and applicable Bronx Supreme Court Administrative Orders issued by Administrative Judge Gonzalez.
Summary: A request for an accelerated compliance conference must identify the specific discovery disagreement and the good-faith efforts to resolve it.
Document Type
Accelerated Compliance Conference Request
Not confirmed. Read the court's wording below.Important?
In addition, please disclose the insurance policy limits for the defendant(s).
Summary: The pretrial notice must disclose the defendant’s insurance policy limits.
Document Type
Pretrial Notice
Not confirmed. Read the court's wording below.Note?
All conferences will be held via Microsoft Teams.
Summary: Settlement conferences are conducted virtually through Microsoft Teams.
Document Type
Settlement Conference Request
Filing & Service rules
Electronic Filing Rules
If all parties agree discovery is complete, they must file the fully executed stipulation on NYSCEF, or email it to Part 15 in non-electronic cases, by the scheduled status/compliance conference date.
If all parties agree that discovery is complete, the parties shall e-file a fully executed stipulation onto the NYSCEF system, or for non-electronic filing cases only, e-mail a fully executed stipulation to: PARTIA15@nycourts.gov, on or before the scheduled Status/Compliance conference date.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | I. Disclosure Conferences
Stipulations must be uploaded to NYSCEF; an acceptable stipulation will be so ordered and sent to the clerk for NYSCEF upload.
Stipulations must be uploaded to the NYSCEF system. If acceptable, the stipulation will be “So Ordered” by the Court and sent to the Clerk for uploading to the NYSCEF system.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | I. Disclosure Conferences
When discovery issues are fully resolved, the parties must e-file a fully executed stipulation on NYSCEF and email a copy to Part 15 with the specified subject-line format.
If the parties agree on all issues relating to outstanding discovery, the parties shall e-file a fully executed stipulation onto the NYSCEF system and e-mail a fully executed stipulation to: PARTIA15@nycourts.gov with the subject line “Stip in Lieu of Conf Index No. xxxxxx/xxxxE”.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | I. Disclosure Conferences
Filing Timing and Cure Windows
A motion for summary judgment is due sixty days after the Note of Issue is filed, and the parties may not stipulate to extend that period.
*THE DEADLINE TO FILE A MOTION FOR SUMMARY JUDGMENT IS SIXTY (60) DAYS AFTER THE FILING OF THE NOTE OF ISSUE. PARTIES MAY NOT STIPULATE TO EXTENDING THIS TIME FRAME.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | II.C. Motions
Courtesy Copy Requirements
Chambers does not require working copies of electronically filed motion papers.
Chambers does not require working copies of electronically-filed motion papers (see Administrative Order AO/121/20).
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | II.C. Motions
Pre-Motion Conference Requirements
Motions are ordinarily decided on submission unless the court specifically schedules oral argument or a conference by Microsoft Teams.
All motions will be decided “on submission” unless specifically scheduled for oral argument/conference before the Court via Microsoft Teams.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | II.C. Motions
Adjournment & Extension Requirements
Failure to contact the court before the scheduled pretrial conference date causes the conference to be administratively adjourned to a future date.
If the parties do not contact the Court in advance of the scheduled pre-trial conference date, the pre- trial conference will be administratively adjourned to a future date.
Checked and corrected to match the court's document on Oct 5, 2026 · Civil cases
Page 2 | II.A. Pre-Trial Conferences
Chambers Communication Rules
When parties reasonably disagree that discovery remains outstanding, they may request an accelerated compliance conference by emailing the Court’s Law Clerks.
In the event the parties reasonably disagree that discovery remains outstanding, a request for an accelerated compliance conference date may be made by contacting the Court’s Law Clerks at: PARTIA15@nycourts.gov.
Checked against the court's document on Oct 5, 2026 · Civil cases
Page 1 | I. Disclosure Conferences
Every email to the Court must copy all other parties; ex parte communications are not accepted and noncompliant emails may be deleted without response.
Make sure to copy all other parties on any e-mail sent to the Court. No ex parte communication will be accepted and failure to provide notice to all parties will result in the deletion of the e-mail and nonresponse by the Court.
Not confirmed. Read the court's wording below. · Civil cases
Page 1 | I. Disclosure Conferences
Any email sent to the court about a motion must copy all other parties in the case.
Please make sure to copy all other parties in the case on any e-mail sent to the Court.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | II.C. Motions
The parties must contact the court immediately about developments affecting resolution of a pending motion.
Please contact the Court immediately if there have been any developments in a case that would affect the resolution of a pending motion (i.e., settlement, stipulation to adjourn, withdrawal, etc.).
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | II.C. Motions
To request a settlement conference, the parties must confer with one another and email the request to Part 15.
Parties shall confer with one another and e-mail the request to: PARTIA15@nycourts.gov.
Not confirmed. Read the court's wording below. · Civil cases
Page 2 | II.B. Settlement Conferences