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]
[1]
Editor's Note: See now § 1206 of the Civil Practice Law and Rules.
[2]
Editor's Note: See now § 1206 of the Civil Practice Law and Rules.
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.[1]
[1]
Editor's Note: Former Art. XXIII, Prohibition of Eviction Without Good Cause, added 7-19-2021 by L.L. No. 14-2021 (F-2021), as amended, which immediately followed this article, was repealed 6-3-2024 by L.L. No. 5-2024 (E-2024). See now Ch. 231, Housing, Part 6, Prohibition of Eviction Without Good Cause.