Cases not eligible shall include: pending child protective matter of child neglect or abuse history; petitions that contain child abuse or neglect allegations; cases where a non-parent is a party; cases where a party is incarcerated or resides out of state or requires appearing electronically; cases where parentage has not established for an alleged parent; and open or pending Order of Protection or history of domestic violence. 631-740-3750 A Faculty Supervisor oversees the field work and serves as a professional guide. Whom would a litigant or attorney contact with questions regarding our Civil ADR process or program? E-mail: scdivorcemediation@nycourts.com. (Anonymous). You can only sue for money. For questions about your specific case, please contact the district court at ADR clerk. If you are having any difficulty using this website, please contact the Help Desk at Help@nullHofstra.edu or by calling 516-463-7777. She was elected to the Supreme Court bench in 2018. 631-740-3781 Matters in which no single cause of action exceeds $6,000 and is for monetary only damages will be heard by a Court Appointed Referee. Mark E. Nadjar In our externship program, many of the same opportunities are available for a single semester (prosecutors, defenders, legal services), so if you get closed out of a clinic or want to do one for a single semester, you may want to consider an externship option. Kathryn Coward - Part 17 FREE SUPREME COURT E-FILING TRAINING 2022 NYSCEF (New York State Courts Electronic Filing)Credit Card Service Fee effectiveApril 1, 2021. Frank J. Incantalupo In order to qualify, a student and placement must (1) comply with the mandates of the ABA, (2) fulfill all Externship Program requirements, and (3) submit an educational plan providing that the students work will be law related and focused on developing lawyering skills. Mediation by a mutually agreed upon mediator. How Is Language Access used for those who do not feel comfortable communicating in English? [Jenia W.], 190 A.D.3d 744, 744745, 135 N.Y.S.3d 879; Matter of Joseph Kenneth B., 47 A.D.3d 809, 809, 850 N.Y.S.2d 543; Matter of Geraldine Rose W., 196 A.D.2d 313, 609 N.Y.S.2d 324). Access to interpreter is available to parties who mediate with an in-house mediator upon request to the ADR Coordinator. However, due to Covid-19 safety concerns, all mediations are taking place virtually. Summary Jury trials: A summary jury trial is a one-day trial in which attorneys for each party present a shortened version of the case in a real courtroom before a jury. Right to Counsel/Right to Assigned Counsel? Yes, a litigant may request mediation. Peter P. Legakis When will I get referred to a Presumptive ADR session? How are litigants informed that their case is being assessed for or assigned to ADR? The parties either submit written comments or meet in person with the expert. An IAS judge is the assigned to handle the case until it is resolved through settlement, trial or dismissal. The Mediator does not have any decision-making authority over the parties, which also includes whether the parties attorneys participate in the program. Transcripts Address: 1 Court Street, Riverhead, NY 11901 The petitioner will be provided a copy of petition and summons to serve and a Mediation FAQ explaining the process to respondent. Matrimonial ADR called the Matrimonial Mediation Program offers matrimonial litigants a cost-free alternative to traditional litigation by providing access to mediation facilitated by trained court mediators. And, in some of our clinics, supervision is done by lawyers who work outside of the law school context and our inside faculty oversee the field supervisors and give additional guidance and encourage reflection. Lis Pendens and other recordables, such as name changes are also processed by this division. His Bureau was responsible for combating gang and gun violence, animal cruelty and human trafficking. How is a litigant informed that his or her case is being assessed for or assigned to the Program? Contact: Melissa Gaudio, the Matrimonial Mediation Center Administrative Assistant at (631)740-3777or scdivorcemediation@nycourts.gov. All applications to the Supreme Court must comply with the Chief Administrative Judges Administrative Order, dated March 22, 2020 (AO/78/20), which prohibits the filing of papers with the County Clerk or the Court except for those matters enumerated in the Administrative Order. No-Fault Arbitrations: Arbitration of cases requesting the payment of no-fault insurance benefits relating to a motor vehicle accident. MARQUETTE L. FLOYD SUPREME COURT BUILDING If the parties are unable to come to an agreement, they are referred back to the arbitrator. It is presumed that all newly filed original Custody and Visitation petitions are suitable for referrals to the Suffolk County Family Court Alternate Dispute Resolution Part. Address: 400 Carleton Avenue, Central Islip, New York 11722 https://iapps.courts.state.ny.us/nyscef/HomePage, File A Small Claims Assessment Review Petition, Suffolk County Supreme Court Procedural Protocols, Viewing Files and Requesting Certified or Authenticated Copies of Documents, Commencement of Cases and the Filing of Documents, Notifying the County Clerk to Take an Action, Depositing funds Into Court or Discharging a Mechanic's Lien, http://www.nycourts.gov/courts/index.shtml, The individual required to respond to a legal action or suit, = the information was not completed on the application. This process may take up to several conferences. Following the statement, the parties control the individual session length, the topics discussed and the duration of the mediation. Suffolk County Clerk. Leonard Feldman The trial may be either non-binding or binding, depending on the agreement of the parties and order of the court. The court attorney present at the case screening or Arbitration may be binding or non-binding, which depends on either an agreement between the parties or any applicable law in this area, depending on the jurisdiction involved. An extended journal on an ethical issue is required. IAS Judge or Part: Individual Assignment System (IAS) judge or part. Support Department Learn more about FindLaws newsletters, including our terms of use and privacy policy. Suffolk County Supreme Court Cohalan Court Complex 400 Carleton Avenue, PO Box 9075 Central Islip , NY 11722 Phone: 631-853-5423 Fax: 631-853-5385 Website | Directions We're sorry your court map could not be found. Guardian and Fiduciary Services (GFS) coordinates education, training, information services, monitoring and reporting for court-appointed New York Fiduciaries including: Guardians; Attorneys for Alleged Incapacitated Persons; Court Evaluators; Court Examiners; Supplemental Needs Trustees; Guardians ad Litem; Receivers; Referees; Attorneys for Ch. Phone: (631) 852-2390 Students interested in an externship should email Mary E. Sawicki. Arbitration: Arbitration is a process where disputing parties agree that one or several individuals --- the arbitrators --- can make a decision about the dispute after receiving evidence and hearing arguments. In a case involving a guardianship of an incapacitated person (also known as an Article 81 case), a judge must decide whether a person is incapacitated and if they need to have a guardian appointed. Small claims/Commercial claims seeking damages of $5,000 or less- mediators are provided by EAC Network, a not-for-profit, on a volunteer basis in the court to handle all cases on a specific court date (roster members) initially with the hope of settlement, if not settled, they are then referred to an Arbitrator (private attorneys) assigned by the court. ADR sessions will not be recorded. The court will issue an Order of Reference to the attorneys and unrepresented litigants. Limited Discovery: The disclosure of facts and information though documents and depositions necessary to provide enough information for the parties to understand what happened in your case. PLEASE NOTE PLEASE NOTE that the Suffolk County Clerks official minutes for all cases commenced electronically or converted to electronic filing on and after December 15, 2017 are located in the New York State Courts Electronic Filing system. What is Guardianship? HON. The email address cannot be subscribed. At a minimum, forms or handouts shall be available in Spanish, staff interpreters shall be made available for all mediation sessions as needed and per diem or video access to interpreting services for other languages shall be made available. Credit for the field placement work is received on a pass/fail basis. Is there a way for any non-presumptive case type to be diverted to the Matrimonial Mediation Program? * Please use a newer browser such as Chrome or Firefox to schedule appointments - Internet Explorer is not supported and will not load the program. These credits must be taken in one semester. Suffolk County Clerk. More information and a link to your local CDRC can be found here: http://ww2.nycourts.gov/ip/adr/ProgramList.shtml. home, satisfying your mortgage, filing a lien or judgment, grieving your taxes or Landlord tenant matters are directed to settlement conference at the initial appearance at which both parties are present. (Proceeding No. It is a confidential alternative dispute resolution program that offers litigants a faster, more convenient, less expensive, less stressful, and less acrimonious way to resolve their divorce than what occurs in a traditional contested matrimonial action. How Is Language Access used for those who do not feel comfortable working in English? 631-740-3650 FAX: 631-853-5704, FAX: 631-853-7568 For good cause shown, and in the mediators discretion, the mediation can continue for an additional one-and-a-half-hour session. To that end we have developed procedures and protocols that will enable us to accept authorized applications electronically, filing fees by overnight mail, and conduct Supreme Court proceedings via Skype. If a court refers your case to mediation, consult first with the referring court about your options: in some courts and in some case types, mediation services may be free of charge. Mary Mahoney, Principal Court Clerk, 1st/5th District Court Ronkonkoma, 3105 Veterans Memorial Highway, Ronkonkoma, NY 11779. Each mediation session is one and a half hours. home, satisfying your mortgage, filing a lien or judgment, grieving your taxes or Judicial Hearing Officer (JHO): retired judge designated to assist the court in resolving cases. Our mediation roster is comprised of Court Attorney Referees, Court Attorneys, retired Judges, and retired Court Attorney Referees. Once the litigant arrives for his or her court appearance, in person or virtually, the litigant is directed by the court to arbitration or mediation that is on site at the court facility. The litigants cannot pick a mediator or arbitrator. Article 81, AVVO Legal Guide, Article 17-A Guardianship and Alternatives, AHRC New York City, All Courts Westchester County (and Yonkers) (New York), Proceedings for Appointment of a Guardian for Personal Needs or Property Management, Article 81 - New York State Mental Hygiene Law, County Clerks and Guardianship Offices New York City, Guardian Annual Report Template, New York State, Guardian Initial Report Template, New York State, Guardianship Conservatorship and Other Protective Arrangements Act, National Conference of Commissioners on Uniform State Laws, Apr 1, 2020, Guardianship for Incapacitated People in New York Under Article 81, Goldfarb Abrandt & Salzman LLP, Guardianship Legislation - Assembly Bill A9641 The Establishment of Guardianship Programs in the Counties of Nassau and Suffolk, Jan 2020, Nassau County Mental Hygiene and Guardianship (New York), National Association to Stop Guardian Abuse (NASGA), Family Guardians vs. Professional Guardians, New York State Directory of County Clerks Offices, New York State Senate Guardianship Reference Links, Supreme & County Court Westchester (New York), What is Guardianship? Phone: (631) 852-1746 Email: scdivorcemediation@nycourts.com. However, the judge may decide to withhold the case from the program at the initial appearance but may send a case later in the action if it appears mediation is appropriate later. Cases are diverted to ADR at the preliminary conference stage. Due to the social distancing requirements of the current health pandemic, video conference and telephone options are available for conferences and screenings. He currently sits as an Acting Supreme Court Justice in the dedicated Guardianship Part of Suffolk County. In 2013 he was tasked with creating and presiding over the Human Trafficking Intervention Court. Andrew A. Crecca, All Inquiries & Departments: Richard Horowitz was appointed to the Court of Claims by Governor Andrew Cuomo in 2015. Presumptive mediation: In a presumptive mediation referral model, parties are referred to mediation at some point in the court process, preferably early, before costs rise and positions harden. Thereafter, the student may enroll in the Legal Externship Program but the students participation is limited to 3 placement credits during their law school career. Philip J. Wasilausky. Parties may be referred at any time but one of the goals of the Presumptive ADR Program is to refer cases earlier rather than later in order to limit financial and emotional costs and reduce backlog. Box 2-5106 | Matter is presided over by the judge handling the case. Parties are required to attend in person absent a showing of hardship. Language assistance is provided by the court interpreter upon request or if it appears that a litigant is having a language access issue. Jodi Ann Donato Contact The following business day, the parties receive an order through the New York State Courts Electronic Filing (NYSCEF) system directing limited discovery and directing the parties appearance on the agreed upon settlement conference date. Can individuals other than the parties or their attorneys join the mediation session? However, Judges may refer cases to ADR, if eligible, at any time in a proceeding. As an alternative to the Legal Process and Practice course, students can be supervised individually by a full-time faculty member only if the student has taken, or is in the process of taking, a substantive course elective with that faculty member and that course relates to the field placement experience. Judge, Suffolk County District Court (elected) Jan. 2016 - Present; . Attorneys, or self-represented litigants, seeking to file a matter in Suffolk County Supreme Court that is not specifically enumerated in the Administrative Order that they believe to be essential or an emergency must first call the Supreme Court Clerks Office at 631-740-3852. Alan H. Krystal, P.C. Yes, a litigant may request that his or her matrimonial action be referred to the mediation program, however, the program is presumptive. As a presumptive mediation program, most contested matrimonial actions are eligible for referral to the Matrimonial Mediation Program, with the exception of those cases involving child abuse or neglect (as defined in Family Court Act 1012(e) and (f) and Social Services Law 412), domestic violence, or a severe power imbalance between the parties. If the file isnt sealed then the file and its contents are public record. Any party without representation may attend and request and adjournment to confer with an attorney. In reality now, some of our legal externships are in private practice with lawyers who are also adjunct professors at the law school in substantive areas. E. Thomas Boyle (Ret. During the initial preliminary conference, the attorneys select the settlement conference day. The court shall refer eligible cases to an early settlement conference, followed by mediation. Decisions about what courses and which placements qualify will be made by the Clinical Professor for Externships in consultation with the Director of Clinical Programs. Name: Amy Campbell Participants in personal injury and commercial cases are generally represented by counsel. Minutes are public information but the physical documents are not. Title: Coordinator of the Matrimonial Mediation Center ADR engages 6-7 sets of parties per day in session. Written requests can be emailed to SufWhelan@nycourts.gov. Whom would a litigant or attorney contact to confirm when and where to appear or with questions? The Skype court session can be accessed via the link on any computer or mobile device with a camera. Arbitration is different from mediation because the arbitrator has the authority to make a decision about the dispute. 2020 ROSTER_OF_NEUTRALS- commercial.pdf. Visit Website, Seasonal Fun, Festivals & Events emailed to your inbox every Friday. The Suffolk County Supreme Court is located in Riverhead and Central Islip. The court is not permitted to assign an attorney in your case. Copyright 2023, Thomson Reuters. For commercial cases only, please see the link to the Roster of Commercial Neutrals that are also available to mediate commercial cases. Given that the Program is presumptive, the litigant does not need to make the request in most cases. No-Fault Arbitrations -- All no- fault civil cases seeking $6,000.00 or less are transferred to the arbitration calendar pursuant to Part 28 of the Uniform Rules of the Chief Judge. All litigants in landlord tenant, small claims, commercial claims and other civil cases with monetary damages of $6,000 or less are placed on an alternate dispute resolution track. Adrienne Williams, Esq., Court Attorney Referee. Phone: (631) 852-1729 Book an Appointment to Review Files / Make Copies. The litigants can also participate in a mediation session with a mediator from the roster. Only complex cases and matters involving abuse and neglect are excluded. Parties in the litigation are required to attend. Title: Principal Court Clerk Justice Crecca also presided over Suffolk County's Integrated Domestic Violence Court for more than a decade. Plaintiffs in personal injury actions are expected to attend. (Proceeding No. of the Judiciary Special Professor of Law E-mail: Richard.I.Horowitz@hofstra.edu Biography Richard Horowitz was appointed to the Court of Claims by Governor Andrew Cuomo in 2015. 400 Carleton Avenue For questions regarding the registration process, please contact the Clinical Suite 150, or call 617-573-8049. These ADR programs include No-Fault Arbitrations, Other Civil Arbitrations and Small Claims cases. Joel D. Katims, Herbert Kellner, Esq. Because the Program is presumptive, contested cases are referred unless there is a significant basis for not doing so. The world of legal education is changing so these definitions are in flux. Students may earn from 2-5 credits per semester for their field placement work. Complex cases and any case not included in the presumptive ADR program is sent directly to a court part to be placed on a separate calendar for a settlement conference with the court. Q: How do I decide how many credits to earn for my placement? C. Supreme Court Mental Hygiene Law (MHL) applications and hearings addressing patient retention or release MHL hearings addressing the involuntary administration of medication and other medical care newly filed MHL applications for an assisted outpatient treatment (AOT) plan emergency applications in guardianship matters Joseph Piscitello Attorneys and self-represented litigants are advised that requests to have a matter deemed essential should be limited to applications that are of a true emergency nature and require immediate judicial intervention. In addition, many Suffolk County Detectives and Upper Ranking Officers remain our Associate Members. Mediation may be inappropriate if a party has a significant advantage in power or control over the other. ADR may also refer to appropriate dispute resolution, referring to a number of processes that can be used to resolve a conflict, dispute, or claim. Court attorneys meet with each partys attorney to determine if an exception exist that disqualifies the case from the presumptive ADR program. Address: 1st/5th District Court Ronkonkoma Please identify the webpage address or URL and the specific problems you have encountered and we will address the issue. 320 Center Drive Riverhead, NY 11901 Phone: (631) 852-1746 Fax: (631) 852-1777 Visit Website Richard Lavorata Under the current COVID-19 centralized courts plan virtual mediation is available with one of our three in-house mediators, who are Surrogates Courts court attorneys. Region court paperwork will help you in presenting your case if you are working with eviction or repossession. Who are the mediators working in the program? Program Mediators are flexible if others are asked by the parties to participate in the sessions and that participation does not hamper the mediation. The arbitration calendars are held every Wednesday and Thursday. 320 Center Drive Some placements have minimum hours requirements. The First Report Required to be Filed by the Guardian followed by Instructions on How to Complete It, ANNUAL REPORT OF THE GUARDIAN - SIMPLIFIED ACCOUNT FOR CASH ASSETS TOTALING $100,000 OR LESS, SHORT FORM APPLICATION FOR AUTHORIZATION TO EXPEND FUNDS/ORDER. Resolved through settlement, trial or dismissal are unable to come to an agreement, are. And request and adjournment to confer with an in-house mediator upon request to the arbitrator has the authority to the. Cases requesting the payment of no-fault insurance benefits relating to a motor vehicle accident injury and cases... Supreme Court BUILDING if the file and its contents are public information but the physical documents not. 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