N.Y. Comp. Codes R. & Regs. Tit. 22 § 212.24 - Day certain for trial
(a) Applications for a day certain for
trial shall be made to the calendar judge or, if no calendar part has been
established, to the trial judge, on an affidavit of the attorney of record or a
stipulation of the attorneys for all parties that trial counsel, a party or a
material witness resides more than 100 miles from the courthouse or is in the
military service or that some other undue hardship exists. Applications to the
calendar judge shall be made on notice and must be made before the action is
advanced to the ready calendar.
(b) If a day certain is ordered, the
action shall be withheld from the ready calendar until that day, at which time
it shall appear at the top of the ready calendar. Absent special circumstances,
the day designated for trial shall be a date which does not in effect grant a
preference to the action. Such day-certain actions shall be taken into
consideration in determining the number of actions held for counsel under
section 212.25 of this Part when they
appear on the ready calendar.
Notes
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