§ 1-29 Adjournments.
RCNY § 1-29
(a)Requests for adjournments must be made in writing to the Adjudicator assigned to the case, with notice to all Affected Parties or applicant, at least five (5) days before the date of the scheduled conference or hearing. Parties may consent in writing to adjourn conferences or hearings with the approval of the Adjudicator assigned to the case two (2) consecutive times. Any subsequent adjournment request must contain the reason for the adjournment request. The Adjudicator assigned to the case will decide whether or not to grant the adjournment request.
(b)Where an Adjudicator has granted two (2) consecutive adjournment requests to the same party, the Adjudicator may direct that the next scheduled hearing or conference be marked final against that party. Notice must be sent to all parties in writing.
(c)If an applicant fails to appear at a hearing on due notice which has not been marked final against the applicant, the Adjudicator assigned to the case may dismiss the Application with or without prejudice. In determining whether to dismiss with or without prejudice, the Adjudicator should consider, among other factors: (1) The merits of the Application; (2) Prejudice to the opposing party; (3) The expenditure of public and private resources in bringing a case to trial; and (4) Any other factor the Adjudicator deems relevant.
(d)If an Affected Party fails to appear for a hearing on due notice which has not been marked final against the Affected Party, the Adjudicator may conduct a hearing on the Application. All such hearings must be electronically recorded.
(e)If an applicant does not appear for a conference or hearing which has been marked final against the applicant, the Adjudicator will mark the case off the calendar. To restore the case to the calendar, the applicant must submit a written request for reinstatement within thirty (30) days from the conference or hearing date. The written request for reinstatement must be served on all Affected Parties and must provide a showing that extraordinary circumstances prevented the applicant from attending the hearing or conference. If the applicant does not submit a written request for reinstatement within thirty (30) days from the conference or hearing date, the Adjudicator may recommend that the Loft Board dismiss the Application with prejudice for failure to prosecute.
(f)If an Affected Party fails to appear for a hearing or conference marked final against the Affected Party, the Affected Party's answer may be stricken and the Affected Party may be barred from presenting its case. The Affected Party may file a written request for reinstatement of its answer and the right to present its case within thirty (30) days from the conference or mailing date. The written request must be served on the applicant and must provide a showing that extraordinary circumstances prevented the Affected Party from attending the hearing or conference. If the Affected Party does not file a written request or the written request is denied, the applicant must still present its case to the Adjudicator. (Added City Record 3/1/2023, eff. 3/31/2023)
