New York Motion for Adjournment

Introduction

Key Things to Know

1. 1

   New York has no dedicated continuance statute. The usual term is adjournment, and CPLR 2004 lets the court extend the time fixed by any statute, rule or order for doing any act, upon such terms as may be just and upon good cause shown.

2. 2

   The hearing or trial date stands until the court grants the adjournment. Attend unless the court tells you in writing or in open court that it has been moved.

3. 3

   The standard is good cause shown. CPLR 2004 allows an extension before or after the time expires, but the court decides, and a request made only to delay is a weak one.

4. 4

   Engagement of counsel is a listed ground. Under 22 NYCRR 125.1, it means actual engagement on trial or argument before a State or Federal court, and conflicting engagements are prioritized under 125.1(c). It does not cover every scheduling conflict.

5. 5

   A motion on notice and its supporting affidavits must be served at least 8 days before the time the motion is noticed to be heard (CPLR 2214(b)). If the movant demands answering papers 7 days before, the service period is 16 days.

6. 6

   In an eviction (summary) proceeding, RPAPL 745 requires the court, at either party's request at joinder of issue, to adjourn the trial not less than 14 days, except by consent of all parties. A later request is in the court's sole discretion.

7. 7

   In New York City, after two adjournments requested by the respondent (or 60 days), the court may order rent or use and occupancy deposited with the court on the petitioner's motion. A first adjournment an unrepresented respondent asks for to get a lawyer is not counted.

New York Requirements for Motion for Continuance

• CPLR 2004 Good Cause Standard

  CPLR 2004 allows the court to extend time upon such terms as may be just and upon good cause shown, before or after the time expires. New York usually calls this an adjournment.

• Engagement of Counsel Ground

  22 NYCRR 125.1 makes engagement of counsel a ground for adjournment. It means actual engagement on trial or argument before a State or Federal court, and conflicting engagements are prioritized (125.1(b), (c)).

• 8-Day Notice of Motion

  A notice of motion and supporting affidavits must be served at least eight days before the time the motion is noticed to be heard. The period is 16 days if the movant demands answering papers 7 days before (CPLR 2214(b)).

• Supporting Affidavit

  CPLR 2214(b) refers to supporting affidavits on a motion on notice. No continuance-specific affidavit rule is covered here. Stating your reasons under oath is recommended practice, not a stated rule.

• Eviction First Adjournment

  RPAPL 745(1): at either party's request at joinder of issue, the court shall adjourn the trial not less than 14 days, except by consent of all parties. A later request is in the court's sole discretion.

• NYC Rent Deposit Limit

  In New York City, after two respondent-requested adjournments (or 60 days), the court may on petitioner's motion order rent or use and occupancy deposited with the court. An unrepresented respondent's first adjournment to get counsel is not counted (RPAPL 745(2)(a)).

• Date Stands Until Court Rules

  Filing a motion for adjournment does not postpone the hearing. The original date stands until the court grants the motion, so attend unless the court says it was moved.

• Good Faith, Not for Delay

  The motion states that the request is made in good faith and not for the purpose of delay, and identifies whether the other side consents.