A.
The Court shall open at 9:00 a.m. The process of the
Court may be made returnable on any court day, except that no summons
shall be made returnable on Saturday.
B.
All summons shall be made returnable at 9:00 a.m.
All notices of motion and orders to show cause, unless otherwise provided
by law or by order of the Court, shall be made returnable at 9:30
a.m.
C.
All precepts in summary proceedings, unless otherwise
ordered by the Court, shall be made returnable at 9:30 a.m., except
that in summary proceedings to remove tenants holding over, when the
proceedings are instituted on the day of the expiration of the tenancy
or the next day thereafter, the precepts may be made returnable on
the day of the issuance of such precepts, at any time between the
hours of 12:00 p.m. and 6:00 p.m.
A.
Upon the return date of the summons, every case in
which there is no appearance shall be dismissed without costs; and
every case in which the plaintiff appears and the defendant makes
default in appearance shall be disposed of upon said day, or, in lieu
thereof, shall be marked for judgment and transferred to a calendar
to be known as the "default calendar," and the plaintiff shall have
the right to take judgment in such case at any time within ninety
(90) days from the return date of the summons, and to have said case
restored to the general calendar for such purpose upon notice to the
Clerk. The Court may, however, designate certain days upon which proof
in default cases may be made.
B.
On the return date of a summons, in all cases where
there is an appearance on the part of all parties, said cases shall
be either ordered placed upon the trial calendar or adjourned from
time to time for a period not exceeding a total of thirty (30) days;
and if not disposed of at the expiration of such period said cases
shall be transferred to the reserve calendar, unless otherwise directed
by the Court.
C.
Cases on the reserve calendar may be ordered placed
upon the trial calendar upon stipulation of the parties or their attorneys
in open court, or on application made to the Court upon at least two
(2) days' notice in writing served personally by one party or his
attorney on the adverse party or his attorney, or three (3) days'
notice served by mail; except that where such service is made upon
the adverse party or his attorney residing outside of the City of
Albany, at least (5) days' notice shall be given when served by mail.
D.
All cases on the trial calendar shall be disposed
of on the date fixed for trial, unless an adjournment is made necessary
by the condition of the trial calendar. Applications or motions to
adjourn cases on the trial calendar must be based upon affidavits
stating in full the legal reasons therefor; and no motion or request
for an adjournment of such cases will be entertained except upon such
affidavit.
E.
All cases at issue on the reserve calendar, unless
disposed of within one (1) year from the date of the return of the
summons, shall be stricken from the calendar by the Clerk without
notice. Applications to restore such cases to the reserve calendar
may be made upon five (5) days' written notice to the adverse party
or his attorney and to the Clerk of the Court, and the Court may,
for good cause shown, restore such cases to the reserve calendar.
In no event may such an order be made after a period of two (2) years
has elapsed from the date of the return of the summons.
A.
A jury term shall be held pursuant to § 238
of the City Court Act beginning the second Monday of each month, except
July and August, and shall continue until cases upon the jury calendar
are disposed of, or until a date fixed by order of the Court.
B.
A jury panel to serve during such jury term shall
be drawn by the Clerk and summoned at least ten (10) days before the
commencement of such term, and jurors shall report each day at 9:30
a.m.
C.
The Clerk shall prepare a jury calendar of all cases
in which a trial by jury has been demanded, and such cases shall be
placed on the calendar in the order in which statutory fees have been
paid. During jury term a day calendar shall be maintained by the Clerk,
and cases upon such day calendar shall be ready for trial as they
may be reached. Cases not disposed of at the end of such jury term
shall retain their position on the calendar for the next jury term.
D.
Any case upon such day calendar which is not ready
when reached shall, unless good cause therefor be shown by affidavit,
be ordered adjourned until the next jury term, and if not ready at
such term shall be placed upon the reserve calendar.
E.
The jury calendar shall be made up at 9:30 a.m. on
the Friday preceding the opening of the jury term. The day calendar
shall be called each day at 9:30 a.m.
F.
Cases to be tried by the Court without a jury may
be placed upon the trial calendar during a jury term, provided that
the condition of the jury calendar permits, and the order of such
trials may be fixed by the Court.
G.
If the condition of the jury calendar be such that
it will occupy more than one (1) week, new jury panels shall be ordered
for the second or succeeding weeks, or at such other times, as may
be necessary or expedient in the judgment of the Court, and shall
be summoned at such times as the Court shall direct.
H.
The Court may from time to time direct that a venire
issue for the trial of any particular case in which a jury trial has
been ordered.
A.
The endorsement of the decision of a Justice written
by him upon any paper or process or upon the calendar or in his minute
book underneath the title of a case shall be sufficient; but either
party desiring it may enter a formal order upon such decision.
B.
Notice of the entry of judgment shall be mailed by
the Clerk to the respective parties or their attorneys.
All process, pleadings and writings filed with
the Clerk shall be appropriately endorsed and in other respects comply
with Rule 10 of the Rules of Civil Practice, and the Clerk shall,
on such papers being filed, endorse the same "filed" with the date
of filing. The Clerk may refuse to accept any paper for filing which
does not comply with this rule.
No process shall be issued in summary proceedings
to recover possession of real property, nor shall such proceedings
be heard, tried or determined, unless the fees due and payable by
statute shall be prepaid.
A.
No settlement shall be allowed or ordered in an action
instituted for or on behalf of an infant or incompetent person, unless
compliance with Rule 294 of the Rules of Civil Practice is shown by
affidavit of the attorney for such infant or incompetent.
B.
Upon the settlement of a cause of action of an infant
for personal injuries where the amount does not exceed one hundred
fifty dollars ($150.) after deducting the payment of attorney's fees
and expenses allowed by the Court, the Court may allow, pursuant to
§ 980-a of the Civil Practice Act,[1] such payment to be made to the father or mother of such
infant, or to some competent person with whom he resides, or who has
some interest in his welfare; but if the settlement is in excess of
such amount it shall be ordered paid only to a general guardian of
such infant. In actions other than for personal injuries, guardians
ad litem appointed by this Court shall not be allowed to receive money
or property in excess of one hundred dollars ($100.), and amounts
in excess thereof shall be paid only to a general guardian. The provisions
of this subsection shall apply to the satisfaction of any judgment
obtained by a guardian ad litem appointed by this Court. In an action
maintained by the committee of an incompetent payment may be authorized
upon such settlement pursuant to § 980-a of the Civil Practice
Act.[2]
A.
No money shall be paid out by the Clerk of the Court,
except upon a written order made and signed by one (1) of the Justices
of said Court or by an order of a court of superior jurisdiction.
B.
No order directing the payment of money out of court
shall be granted by a Justice of the City Court, unless by stipulation
of the respective parties or their attorneys to the action or proceeding
in which such money was paid or deposited, or upon satisfactory proof
by one (1) of the parties or his attorney to such action or proceeding
that said party is entitled to such money. The Justice may in any
case require notice to be given to the adverse party before such an
order is granted.
C.
The foregoing is a copy of the Rules of Practice of
the City Court of Albany, adopted by the Justices thereof, on the
28th day of July 1931, pursuant to Section 11 of Chapter 414 of the
Laws of 1931, to take effect September 1, 1931.
[Added 7-19-2021 by L.L.
No. 14-2021 (F-2021)]
Filing of residential occupancy permit required. No action for eviction may be commenced without the petitioner's having submitted to the Court a copy of the most recently issued residential occupancy permit issued according to Part 4 of Chapter 231 of this Code for the rental dwelling unit of which the petitioner is seeking possession or an allegation that deregistration and suspension of said residential occupancy permit was done in violation of this chapter.
