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NEED IMMEDIATE INPUT: changing court date for medical reason

NYC Housing Court Practice/Procedures

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NEED IMMEDIATE INPUT: changing court date for medical reason

Postby brook__lyn » Tue Oct 02, 2007 3:50 pm

I am currently waiting at the brooklyn housing court office to speak to a pro-se attorney.

I am here to respond to a 'Notice of Petition of Non-Payment' , my court date would be next week. but next week I need to be free all week for a cancer follow up treatment/test.

Is there any formal way to request a delay in my court date?

about how much will it cost to hire a lawyer to represent me if I cannot make my date?
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Postby TenantNet » Tue Oct 02, 2007 3:59 pm

Read the court section on TenantNet. I think some of the info sheets explain that.

If the LL isn't amenable to an adjournment, one can make an "application" for an adjournment. If it's the first time on, usually adjournments are automatic (but that doesn't mean one should not show up). I would have a friend show up. If the LL agrees to the adjournment, both parties can sign a stip. If it's done ahead of time, the LL atty can submit it on the return date (but be careful about trusting LL lawyers).

Don't say you're going to get a lawyer (as a reason for requesting the adjournment) unless you intend to do just that.

Your own lawyer will cost some bucks. A number of tenant lawyers advertise here.
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Postby jkgal » Thu Oct 04, 2007 8:49 am

Greetings,

Sending the friend sounds wise. I requested an adjournment of my case weeks before the court date because I had jury duty, and the jury duty summons form indicated major penalties for not showing up. The judge didn't grant my adjournment request (which I was told would happen on the court date, or not), I wasn't there in h/c, and I lost. LL had already perjured himself, and I needed to explain this to the judge. I couldn't. Many subsequent terrible things happened after that. So please don't assume an adjournment will be granted for good cause. I thought I had good cause, I copied the front and back of the jury duty summons form. But I didn't get the adjournment. I frankly don't understand it, except that the LL's lawyer is very assertive (polite term), and probably convinced the judge to do this in my absence. If anyone knows anything about adjournment requests, I'd really like to know. Thanks.
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