Judge Vito M. DeStefano
Individual Rules, Standing Orders & Policies
Adjournments
- 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.
- +5 more
Request must include
Communication
Clerk
Document Format Requirements2 rules
Checked against the court's document on Oct 5, 2026Mandatory
Motions must comply strictly with the length-of-papers rule under 22 NYCRR § 202.8-b or they will be rejected.
Motions that are not in strict compliance with 22 NYCRR § 202.8-b "Length of Papers" will be rejected.
Checked against the court's document on Oct 5, 2026Mandatory
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.
6. Pre-Marked Exhibits: All trial exhibits shall be pre-marked on pre-trial date. Documents in binders (up to 3 inches) with index number and tabs. Plaintiffs to identify with numbers, Defendants with letters. An exhibit book delivered to the court to follow along with before the trial actually begins. Failure to comply with this rule may result in sanctions, which may include an order precluding the offering of such exhibits at trial.
Document Filing Requirements9 rules
Checked against the court's document on Oct 5, 2026Mandatory
Each branch of relief in a motion must be numbered or lettered to correspond to the supporting affirmation or affidavit paragraphs addressing that relief.
Various branches of the motion as delineated in the Notice of Motion or Order To Show Cause are to be preceded by a number or letter which corresponds to a number or letter in the supporting affirmations and affidavits containing the numbered paragraphs dealing with the particular relief sought.
Document Type
Motion
Checked against the court's document on Oct 5, 2026Mandatory
The settlement order must be accompanied by a letter identifying the submission date, the settled aspects of the motion, and any remaining issues.
Such order shall be accompanied by a letter setting forth the date the motion was submitted, what aspects of the Motion have been settled and what issues remain to be decided.
Document Type
Letter
Checked against the court's document on Oct 5, 2026Mandatory
A copy of the stipulation settling the identified issues must be sent to the court.
A copy of the stipulation settling such issues shall be forwarded to the Court.
Document Type
Stipulation
Checked against the court's document on Oct 5, 2026Mandatory
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.
If all or part of a submitted motion is settled, a proposed order with notice of settlement (on at least 10 days notice), or a signed waiver of settlement, shall be submitted with a copy to be conformed.
Document Type
Proposed Order
Checked against the court's document on Oct 5, 2026Mandatory
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.
If the motion is resolved, in whole or part, on the record, counsel shall obtain such transcript so that same can be "so ordered", unless the Court otherwise directs.
Document Type
Transcript
Checked against the court's document on Oct 5, 2026Mandatory
A sanctions application must include proof that the moving party first sought withdrawal or discontinuation of the conduct for which sanctions are sought.
The Court will not consider a sanctions application unless the moving party first seeks withdrawal or discontinuation of the purported sanctionable conduct. Proof of such request must be made a part of the sanctions application.
Document Type
Sanctions Application
Checked against the court's document on Oct 5, 2026Mandatory
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.
A. Mark Pleadings: Plaintiff's counsel shall furnish the court with copies of: 1. Marked pleadings as required by CPLR 4012: 2. A copy of any statutory provisions in effect at the time the cause of action arose upon which either the plaintiff or defendant relies: 3. The bill(s) of particulars; 4. All expert reports relevant to the issues; 5. All reports, depositions and written statements which may be used to either refresh a witness' recollection and/or cross-examine the witness.
Document Type
Trial Supporting Submissions
Checked and corrected to match the court's document on Oct 5, 2026Mandatory
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.
6. If any part of a deposition is to be read into evidence (as distinguished from mere use on cross-examination) you must, well in advance, provide the court and your adversary with the page and ===== PAGE 6 ===== line number of all such testimony so that all objections can be addressed prior to use before the jury.
Document Type
Deposition Testimony Page Line Identification
Checked against the court's document on Oct 5, 2026Note
Counsel need not appear on a motion's submission date unless the Court directs an appearance.
Counsel are not required to appear on the submission date unless directed by the Court.
Document Type
Motion
Filing & Service rules
Service and Proof of Service Rules
Motions must be served and filed in compliance with CPLR 2214.
Motions are to be served and filed in conformity with CPLR 2214.
Checked against the court's document on Oct 5, 2026
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
Filing Bundling Requirements
Every dispositive motion must be accompanied by a complete set of pleadings.
All dispositive motions shall be accompanied by a complete set of pleadings.
Not confirmed. Read the court's wording below.
Page 3 | II MOTIONS AND ORDERS TO SHOW CAUSE
Pre-Motion Conference Requirements
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.
Applications for temporary injunctive relief must be made in conformity with 22 NYCRR 202.7(f). In addition, the Court requires that the party seeking temporary injunctive relief give the opposing side 24 hours notice in advance of presentment of the Order to Show Cause to the court. Notice should be given by telephone, facsimile and/or e-mail, if practicable.
Checked against the court's document on Oct 5, 2026
Page 3 | C. Interim Partial or Full Settlement
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.
Prior to making or filing any motions, counsel for the moving party MUST arrange for a conference call to be held with his/her adversary and the Court to discuss the issues involved and the possible resolution thereof.
Not confirmed. Read the court's wording below.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
The moving attorney must attend the pre-motion conference with sufficient familiarity and settlement authority to bind the client.
Counsel fully familiar with the matter and with authority to bind their clients MUST be available to participate in the conference.
Not confirmed. Read the court's wording below.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
The pre-motion conference requirement does not apply to counsel-relief applications, motions to dismiss, or motions for summary judgment.
This rule does not apply to applications for counsel to be relieved, motions to dismiss, and motions for summary judgment.
Not confirmed. Read the court's wording below.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
If the matter is resolved during the pre-motion conference, the court may issue an order consistent with the resolution.
If the matter can be resolved during the conference, an order consistent with such resolution may be issued.
Not confirmed. Read the court's wording below.
Page 2 | II MOTIONS AND ORDERS TO SHOW CAUSE
Adjournment & Extension Requirements
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.
Absent extraordinary circumstances, no request for an adjournment will be granted if the application is made later than 2:00 p.m. of the business day prior to the conference or motion return date.
Checked and corrected to match the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
The Request for Adjournment Form must include agreed proposed adjournment dates, specified case and conference dates, and the reason for the request.
The form requires counsel to provide, among other things, information concerning proposed adjourn dates agreed to by all parties, and if applicable, the date the RJI was purchased, the date the preliminary conference was held, the date and nature of the most recent conference, the date the Note of Issue was or is expected to be filed, and the reason for the requested adjournment.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
The adjournment rules apply to every motion and conference.
The foregoing rules regarding adjournments are applicable to all motions and conferences.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
Adjournment applications must be submitted before the relevant conference or motion return date.
Applications to adjourn conferences or motions must be made prior to the conference date or return date of the motion.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
Adjournment requests must be submitted using the Request for Adjournment Form.
Applications for adjournments are to be made on the Request for Adjournment Form (included as last page of this document).
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
An adjournment request based on engaging new counsel must include the required Affirmation of Engagement and the Request for Adjournment Form.
Adjournments requested because of engagement of counsel must be accompanied by an Affirmation of Engagement in conformity with New York Rules of Conduct 22 NYCRR § 125.1, as well as a request for adjournment form.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
Adjournment requests left on Chambers voice mail will not be considered.
Adjournment requests that are left on the Chamber's Voice Mail shall be disregarded.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
All adjournment requests must be faxed to 516-493-3391 before 2:00 p.m. on the business day before the scheduled appearance.
ALL REQUESTS MUST BE RECEIVED VIA FAX (516-493-3391) BEFORE 2:00 P.M. OF THE BUSINESS DAY PRIOR TO THE SCHEDULED APPEARANCE DATE.
Not confirmed. Read the court's wording below.
Page 9 | REQUEST FOR ADJOURNMENT FORM - Part 3
Chambers Communication Rules
Counsel must submit the completed Request for Adjournment Form to both Chambers and the part clerk by fax or email.
The Request for Adjournment Form is to be filled out by counsel and faxed or emailed to both chambers and the part clerk.
Checked against the court's document on Oct 5, 2026
Page 1 | I CONFERENCES
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.
In all communications with chambers by letter, the title of the action, full names of the parties and index number shall be set forth, with copies simultaneously delivered to all counsel.
Checked against the court's document on Oct 5, 2026
Page 4 | IV COMMUNICATION WITH CHAMBERS
Facsimile communications or submissions are prohibited unless the court gives prior permission.
The Court will not accept facsimile communications or submissions without prior permission of the court.
Not confirmed. Read the court's wording below.
Page 4 | IV COMMUNICATION WITH CHAMBERS
The court categorically prohibits ex parte communications concerning any substantive issue.
The Court will never accept ex parte communications on any substantive issue.
Not confirmed. Read the court's wording below.
Page 4 | IV COMMUNICATION WITH CHAMBERS
Correspondence between counsel may not be sent to the court except as permitted by the Part Rules and 22 NYCRR 202.7.
Copies of correspondence between counsel shall not be sent to the Court except as these Part Rules and 22 NYCRR 202.7 permits.
Not confirmed. Read the court's wording below.
Page 4 | IV COMMUNICATION WITH CHAMBERS