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Part Rules


Resolution Part Rules            Trial Part Rules


Resolution Part Rules


Hon. Thomas Fitzpatrick

1. Unless a calendar call is being conducted, all parties must report to the Court Officer or Court Clerk upon entering the courtroom.

2. Parties that are scheduled to appear at 9:30 am will be held in default upon failure to appear by 11:00 am; parties that are scheduled to appear at 11:00 am will be held in default upon failure to appear by 12:00 noon; parties that are scheduled to appear at 2:00 pm will be held in default upon failure to appear by 3:00 pm. Holdover defaults shall be scheduled for inquest.

Where a case has been previously scheduled for a trial or hearing, a party may ask for a default against a non-appearing party one half hour after the scheduled time to appear.

3. After checking in parties must resolve the matter within the default deadline, or be available inside or immediately outside the courtroom, or be subject to default or adjournment within the Court's discretion.

4. Proposed stipulations of settlement shall be submitted to the Court Officer or Clerk for review by a Court Attorney or Judge. Pending such review, the parties shall remain available or be subject to rejection of the stipulation, default, dismissal or adjournment. In Non-Payment proceedings, the Petitioner shall provide to respondent a detailed rent history showing actual charges and payments on a month by month basis back to a zero balance, or the Court shall not enter judgment.

5. Adjournments on consent shall be submitted by stipulation signed by both sides. Where the reason for the adjournment is not explicitly stated in the stipulation of adjournment, neither side shall be charged with the time. All stipulations to adjourn require the Court's consent, or the parties shall be subject to default.

6. Oral argument is required on all motions, unless the Court permits submission without argument.

 

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Trial Part Rules


Hon. Thomas Fitzpatrick

1. If petitioner is not ready to proceed after transfer of the case from Part X, the proceeding will be dismissed pursuant to CPLR Section 3215(a).

2. If respondent is not ready to proceed after transfer of the case from Part X, a default will be taken or an inquest will be conducted pursuant to CPLR Section 3215(a).

3. All parties or their attorneys must check in with the clerk or court officer upon entering the Part.

4. Cases on the 9:30 am calendar shall be defaulted at 10:30 am where one or both sides have not checked in.

5. If a trial cannot be completed on the date it was transferred to the Trial Part, it will continue day to day until completion, unless otherwise specified by the court.

 

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