§ 1-68 Relief from Default After Issuance of a Report and Recommendation.
RCNY § 1-68
A respondent against whom a default has been entered pursuant to § 2-27(a) of OATH's rules (48 RCNY § 2-27(a)) and who has not already moved for relief from default pursuant to § 2-27(b) of OATH's rules (48 RCNY § 2-27(b)), may file a letter motion with the Office of the Chair to open the default at any time after the issuance of a report and recommendation and prior to the issuance by the Commission of a final decision and order. A motion to reopen must show either (a) lack of service or (b) both a showing of good cause for the default and a potentially meritorious defense to the complaint. The Office of the Chair will set deadlines for opposition and reply to a motion to open a default. In granting a motion to open a default, the Chair may impose such terms and conditions as the Chair deems to be just and equitable. (Added City Record 8/6/2019, eff. 9/5/2019)
