RESOLUTION PART RULES

HON. PAUL L. ALPERT

(1) Part E is the New York City Housing Authority (NYCHA) part. NYCHA cases are heard in Part E on Tuesdays, Wednesdays and Fridays. There is a calendar call in Part E on NYCHA days at 9:45 a.m. for the 9:30 a.m. calendar and 2:15 pm for the 2:00 pm calendar. All parties must be present for the calendar call. There is no calendar call in Part E on Mondays or Thursdays. On those dates all parties or their attorneys are to sign in with the court officer upon entering the part.

(2) Defaults on matters appearing on the 9:30 a.m. calendar will be taken at 11:00 a.m. Defaults on matters appearing on the 11:00 a.m. calendar will be taken at 12:00 p.m. Defaults on matter appearing on the 2:00 p.m. calendar will be taken at 3:00 p.m. Holdover defaults must be scheduled for inquest.

(3) Parties and attorneys should check on the status of their cases periodically with court personnel and advise accordingly on the status of their cases. Open cases are subject to default or dismissal regardless of whether the parties have checked in, where the court is unable to ascertain the whereabouts of parties or attorneys and the status of a case.

(4) Adjournments on consent shall be submitted by stipulation by both sides. Parties must first check with court personnel to confirm the availability of an adjourn date. Where the time is not explicitly charged to either side in the stipulation of adjournment, neither side shall be deemed charged. The court shall entertain all applications for adjournments where the parties cannot consent. The court shall also entertain adjournment requests, where the court determines that the number of consent adjournments has been excessive. In such instances, the parties must provide sufficient basis for an additional adjournment. If the court determines there is no basis for an additional adjournment, the case shall either be marked off calendar or referred to Part X for trial, at the discretion of the Judge.

(5) If a matter has been adjourned for the sole purpose of allowing the parties to be ready for trial assignment to Part X, the parties must be present no later than 10:00 a.m. on the adjourned date.

(6) All motions for non-NYCHA cases should, to the extent possible, be noticed on Monday or Thursday. The court will not accept any sur-reply's or accept any submissions after the motion has been heard. If a case has been adjourned for trial in Part X, the court will not entertain any dispositive motion if the return date is made the same as the date set for trial.