Bill Altreuter, who writes the Outside the Law blog, has some fascinating comments on Note of Issue practice in the 8th Judicial District (that’s Allegany, Cattaraugus, Chautauqua, Erie, Genesee, Niagara, Orleans & Wyoming Counties). He relates that it is common practice for the trial date to be set long before the Note of Issue is filed, and the filing itself is treated as a mere revenue-generating formality. Where other procedural steps such as summary-judgment motions and amended or supplemental Bills of Particulars have timing requirements related to the filing of the Note, this can have what he describes as “odd” effects.
I find most telling his comment that the judicial attitude toward the Note of Issue is a consequence, at least in part, of the OCA calendar requirements, known as Differentiated Case Management. I’ve spent most of my professional time in Supreme Queens, where the common complaint has been that compliance with DCM rules made a mockery of the Note of Issue and its related rules. Is anyone at OCA paying attention to the actual consequences of DCM?