RESOLUTION PART RULES

HON. SABRINA B. KRAUS

1.   All parties or their attorneys must check in with the Court Officer upon entering the part.

2.   Where one or both sides have not checked in, cases on the 9:30 a.m. calendar may be subject to default and/or dismissal as of 10:30 a.m., cases on the 11:00 a.m. calendar may be subject to default or dismissal as of 12:00 p.m., and cases on the 2:00 p.m. calendar may be subject to default or dismissal as of 3:00 p.m.

3.   All attorneys, including those who appear of counsel, must file a notice of appearance in any case in which they appear. If an attorney is appearing of counsel, she should note the extent of the appearance.

4.   Stipulations must be legible.  All signatories to a stipulation must print their name clearly underneath their signature.

5. All consent adjournments must be in writing, and should specify the reason for the adjournment.  Any adjournments, beyond the first time the case is on, may only be had by leave of court.   Any adjournments of motions, should provide for service of any opposition papers, reply papers and cross-motions, prior to the adjourned date.

6. All discontinuances of cases, and withdrawals of motions must be in writing, and should state whether the discontinuance or withdrawal is with prejudice, and if not, the reason why not.

7. Parties and attorneys in cases scheduled for a trial or hearing, which are to be sent to the expediter, must appear at 9:30 a.m. to be sent to Part X.   In such matters, the court may entertain applications for default or dismissal as of 10:00 a.m.

8. Hearings and inquests may be held in the resolution part, as necessary, and subject to the court's availability.   Such hearings or inquests will be scheduled for 2:30 p.m. and subject to default or dismissal as of 2:45 p.m.

9. Generally, other than where a party is represented by counsel, the court will not so-order stipulations where an individual purports to be signing on behalf of, or with authority for, a party, who is a natural person.    Similarly, the court will not so-order stipulations where an individual executing the stipulation is not a party to the proceeding. The forgoing may be subject to exception where the individual shows a documented legal basis to be entitled to execute the stipulation (i.e. attorney-in-fact, Article 81 Guardian, etc.).

10. The submission of a stipulation to be so-ordered and/or allocuted is deemed to be consent for court to proceed with the case, in the absence of the attorney, and make such orders or modifications as may be necessary and appropriate.  Similarly, any case which an attorney requests be marked for conference or argument requires that the attorney remain in the Court room until the case is called.   If the attorney is not present when a case is called  the court may proceed in the attorney's absence.