Section 70 — Notice of Intent to Defer, or Not to Resume, Proceedings
1. An application for an order for an application for any of the relief that may be requested by the parties, or by other interested persons, must be filed in accordance with this section.
2. Any application for such relief filed for purpose of any court hearing shall set forth a declaration setting forth the facts and circumstances, not in dispute, which demonstrate the failure to comply with the requirements of § 65-3(a) or (b), or that the party intends to avail himself or herself of any such relief.
A party asserting an action for which a postponement application may be made shall not, until at least 10 days after the hearing on such application, fail to file a notice of intent to postpone with the clerk of the court with jurisdiction over the proceeding to which the application is pending, or when the application is filed and any other application for postponement is also pending before the court:
(a) Within 30 days after a postponement application is filed; or (b) After the commencement of the trial date assigned for the application.
A notice of intent to postpone or the court's order granting the motion for postponement, or if there is no order, within 30 days after the trial begins, or when the stay of proceedings is granted or the trial ends, shall declare that the case is not eligible for further proceedings under this chapter, and all other papers, papers of record and other documents filed in the proceeding shall be deemed closed unless: (i) the party seeking such application has filed a final order, in lieu of the notice filed below; or (ii) the application is filed, or any other application for a postponement is filed and any other application for postponement is pending before the court.
3. The complaint and the response shall state, by statement or other evidence, the facts that the court finds are pertinent to its jurisdiction to rule on the applicability of this section.
4. As used in this section, “interested persons” means those persons who have substantial interests, whether financial or otherwise, in the outcome of the case.
5.
NY Form A RADI Civil 1993-2024 free printable template
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Form A - Request for Appellate Division Intervention - Civil. See § 670.3 of the
rules of this court for directions on the use of this form (22 NYCRR 670.3).
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