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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. You are entitled to one adjournment of at least 14 days.

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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, the year of your case, the scheduled date of the hearing you will not be able to attend, and the Part and room number where your case is scheduled.

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 you are able to go to the courthouse before your court date, you can request an adjournment by filling out a form that you can get from a court clerk. If the request is denied, you will be marked in default, which may be very serious.