JPMorgan Chase Bank, N.A. v Caliguri, 2019 NY Slip Op 00262 [2d Dept. 2019]
22 NYCRR 202.3(a) provides for an individual assignment system which assigns the continuous supervision of each action and proceeding by a single judge. However,”[t]he Uniform Rules for Trial Courts do not deal with the issue of whether related cases should be assigned to the same Judge” (Matter of Morfesis v Wilk, 138 AD2d 244, 246). There is no requirement that related cases be heard by the same judge. Further, as the prior foreclosure action was no longer pending, there existed no “potential for conflicting rulings” (Appolino v Delorbe, 24 AD3d 252, 253; see Clearwater Realty Co. v Hernandez, 256 AD2d 100). Accordingly, it was not an improvident exercise of discretion for the Supreme Court to deny the defendant’s motion pursuant to 22 NYCRR 202.3(a) to transfer the action to the Justice who heard the prior foreclosure action.
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