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New York StateUnified Court System

Adjournments


In General: Appearance Required
Sending Someone to Request the Adjournment
Writing a Letter to Request an Adjournment

In General: Appearance Required

An adjournment may only be granted by the judge presiding at the time of the hearing. You can not call the court clerk for this purpose because the clerk is not permitted to grant adjournments. To get an adjournment, you should appear at the hearing at the appointed time. You will be given an opportunity to explain to the judge your reason for requesting an adjournment. If you know the name of the Judge assigned to your case, you should check the Judge's Part Rules to see if he or she has any requirements that may not be covered in this section. Click on Judge's Rules to check.

Important: Please be aware that upon a second request by a respondent for an adjournment, or if more than 30 days have passed since the case first appeared before the judge, not counting any days due to adjournment requests by the petitioner, the petitioner may ask the judge to order that all the money due from the date of service of the petition be deposited in the court. If this is done, the judge will determine the amount and the respondent will have to make the deposit within five days. If the money is not deposited, the petitioner may get a default judgement against the respondent.

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Sending Someone to Request the Adjournment

If it is an emergency and you cannot appear yourself to request the adjournment, but wish to send someone on your behalf, you must give that person written authorization to make the request for you. That person must bring the written authorization to the court.

The written authorizing statement which allows someone to request an adjournment on your behalf must contain the following items:
1. The index number of your case.
2. Your name and your address.
3. A signed statement that you are allowing the person to request an adjournment for you.
4. The name of the person you are sending.
5. The reason you are not appearing yourself to make the request.

The person who comes to court for you must bring this statement and all other papers that you received, and should be able to tell the clerk the reason for the request.

The Judge may deny the request for adjournment. If the request is denied, you will be marked in default, which may be serious. You can learn more about this and other housing court procedures by reading our Legal and Procedural Information sections.

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Writing a Letter to Request an Adjournment

In an extreme emergency, where neither you nor anyone else can appear on your behalf, you may write a letter to the court. You must explain your reason for making the request and be sure to include the case number and year of your case, and the scheduled date of the hearing you will not be able to attend.

Address the letter to the appropriate civil court clerk's office. Send a copy of this letter to the other party to the action. If the judge decides to grant your adjournment, you will be notified.

If the request is denied, you will be marked in default, which may be very serious. You can learn more about this and other housing court procedures by reading our Legal and Procedural Information sections.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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