Hon. Timothy J. Dufficy. Part 35.

Published Part Rules

Source: nycourts.gov, Part 35 Rules, Practices, and Procedures, effective September 18, 2023 | Last verified: August 5, 2026

Correction: The 10-Page Rule Does Not Exist

An earlier version of this page told readers to contact the part in advance for motions exceeding 10 pages, and to request oral argument. Neither rule appears in the published Part 35 rules. We removed both on August 5, 2026. What the rules do require on page length is that every page and paragraph be numbered and that the papers carry the motion sequence number.

Motion Calendar

Motions assigned to Part 35 are made returnable and noticed to be heard on Tuesdays at 10:30 a.m. in Courtroom 43 at the Jamaica courthouse, 88-11 Sutphin Boulevard. A motion that is not noticed for the correct judge, day, time, part, and location may be marked off without prejudice. Since October 17, 2023, all appearances on all motions are held in person.

Courtesy Hard Copies

Part 35 requires properly marked courtesy hard copies of all filings, hand-delivered to Courtroom 43 on the day the motion is calendared. Filing on NYSCEF alone does not satisfy this rule.

Form of Papers

All motion papers must comply with 22 NYCRR 202.5. Beyond that rule, every page and paragraph must be numbered and the papers must include the motion sequence number. Non-compliant submissions may be rejected. Once a motion or cross motion is marked fully submitted, the court will not consider papers e-filed or sent to the part without the court's prior consent.

Oral Argument

The court may schedule oral argument after submission, in its discretion. The rules do not provide for counsel to request argument.

Adjournments

A motion may be adjourned on consent by a stipulation fully executed by all parties and stating the adjourned date. The stipulation goes to the Part Clerk by email at QSCPart35@nycourts.gov no later than two business days before the calendar date. A request made less than two business days in advance is denied, except for a reason under Rule 125.1 of the Rules of the Chief Administrative Judge, a medical emergency, another exigent circumstance, or unavailability of the court. Absent extenuating circumstances, consent adjournments are limited to one. Every adjournment is subject to the justice's final approval, and counsel must confirm the request by email before the scheduled court date. Any stipulation regarding a pending motion must be e-filed at least two business days before the calendared date and time.

Communications with the Part

Send every question about motions, orders to show cause, adjournments, calendar calls, and scheduling by email to QSCPart35@nycourts.gov, not to chambers. No telephone inquiry about a motion or application may be made to chambers; those go to the Part Clerk at 718-298-1116 or to the part email. Every communication with chambers must include all parties, and the justice and his staff do not engage in ex parte communication. Do not send letters, documents, or facsimiles to the part or chambers unless the rules permit it or the court approves it in advance.

Individual parts do not receive an email notification when papers are uploaded to NYSCEF, so anything requiring court action, including a subpoena, a stipulation of discontinuance, or a request to so-order a stipulation, must be emailed to the part in addition to being uploaded. Notify the court immediately by email, copying all parties, when the action is settled or discontinued or the motion is resolved.

Stipulations the Court Will Not So-Order

Justice Dufficy does not so-order stipulations to amend pleadings, to change venue, or to consolidate cases. Move by notice of motion for that relief. Do not submit any stipulation for so-ordering without first speaking to the Principal Law Clerk or the Assistant Law Clerk.

Conferences and Discovery Motions

Part 35 does not schedule or conduct preliminary, compliance, or non-compliance conferences. Direct those questions to the respective part. Before bringing a discovery-related motion, all parties must seek leave from the assigned Compliance Conference judge. Part 35 conducts an in-person conference on a discovery-related motion on the day the matter is calendared, so counsel appearing on a motion to vacate a note of issue, to restore, to strike pleadings, to demand a bill of particulars, or to preclude must know the case and carry authority to enter into a binding stipulation that the justice will so-order.

Electronic Filing

All cases in Part 35 must be e-filed through NYSCEF. To convert a non-e-filed case with the consent of all parties, execute the Stipulation and Consent to E-Filing form and send it to efile@nycourts.gov. Without consent, the requesting party submits an EF-28 letter application, serves all parties, and emails the completed form and proof of service to efile@nycourts.gov, after which the Queens County Clerk sends the application to Justice Dufficy.

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Court rules and procedures change frequently. Information on this page is for general reference only and may not reflect the most current rules. Verify all information with the Part Clerk before your appearance.

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