RESOLUTION PART RULES

HON.  GERALD LEBOVITS

GENERAL

1. The Part is a combined Resolution and Trial Part. The general resolution calendar is heard every morning. Hearings and trials are conducted every afternoon. Adult Protective Services matters are heard on Monday afternoons. New drug holdovers are heard on Monday mornings.

RESOLUTION

2. All parties or their attorneys must check in with the clerk or court officer when they enter the Part.

3. Cases on the 9:30 a.m. calendar will be defaulted or dismissed at 10:30 a.m. if one or both sides have not checked in. Cases on the 11:00 a.m. calendar will be defaulted or dismissed at 12:00 p.m. if one or both sides have not checked in.

4. If a petitioner fails to appear or is not ready to proceed, the proceeding will be dismissed under CPLR 3215 (a).

5. If a respondent does not appear, a default will be taken or an inquest will be conducted under CPLR 3215 (a).

6. Inquests are not held the first time a case appears on the calendar. Rather, the case is adjourned and the court mails a post card to the respondent.

7. All attorneys, including those who appear of counsel, must file a notice of appearance in any case in which they appear.

8. If an attorney or party fails to return to the Part within a reasonable time after checking in, the court reserves the right to impose costs, dismiss the proceeding, or enter a default.

9. The judge or court attorney will conference the case when both sides appear. A resolution case that cannot be resolved will be referred to Part X for hearing or trial.

10. Self-represented litigants may conference a matter with the judge or court attorney rather than speak directly with opposing counsel.

11. Stipulations must be legible and comprehensible. All stipulations must contain the monthly rent, a rent breakdown, arrears, and a payment schedule, if applicable.

12. Every stipulation must, if applicable, either (1) state that no repairs are necessary or (2) list all conditions that require repair and provide dates and times for access, times by which workers must arrive, and dates for completion of work.

13. Once the stipulation is given to the clerk, court officer, or court attorney for the court’s review and allocution, the parties’ attorneys must verify that the court has accepted and "so ordered" the stipulation. Failure to return to the courtroom within a reasonable time might result in the case being dismissed.

14. All consent adjournments must be in writing and specify the reason for the adjournment. The court reserves the right to deny any request for an adjournment.

15. All discontinuances of cases and withdrawals of motions must be in writing.

16. All motions must be made returnable at 9:30 a.m. unless leave of court was granted. Any motion not made returnable for 9:30 a.m. will automatically appear on the 9:30 a.m. calendar.

17. No motion may be submitted without oral argument.

18. Attorneys in resolution cases may not return to the Part after 12:45 p.m. and expect their cases to be heard. The Part closes promptly at 1:00 p.m.

19. The court will hear all inquests, time permitting.

20. The parties may adjourn a trial-ready case to any date, even a date blocked off on the calendar. Similarly, the parties may adjourn complicated oral arguments for any day on the 2:00 p.m. calendar.

21. Parties and their attorneys in resolution cases scheduled for hearing or trial must appear at 9:30 a.m. to be sent to Part X.

22. Unless otherwise specified, all adjourned cases are heard at 9:30 a.m. on the return date.

23. All parties and attorneys must be appropriately dressed at all times.

24. The use of cell phones, beepers, and other electronic equipment is prohibited. Any equipment that goes off will be confiscated.

HEARINGS AND TRIALS

25. This Trial Part is open every afternoon. There is no roll call. Parties counsel must check in with the court clerk or court officer upon entering the Part.

26. This is a trial-ready Part. Litigants and their attorneys will be expected to proceed to hearing or trial, or both, immediately when they are assigned to the Part.

27. If a party is represented by counsel, that attorney must appear. Corporations may not appear without counsel.

28. Default Procedure: If the respondent does not appear in a nonpayment proceeding, a final judgment is entered against the respondent. If the petitioner fails to appear, the petition is dismissed. In a holdover proceeding, if the respondent fails to appear, the court will hold an immediate inquest. If the petitioner fails to appear, the petition is dismissed. If the respondent fails to appear on the return date of an order to show cause, the motion will be denied. If the petitioner fails to appear on the return date, the court might grant any appropriate relief the respondent requests.