Buffalo, TX asked in Civil Litigation and Family Law for New York

Q: Looking for the law that states when a petitioner fails to appear that the judge must dismiss the case

Petitioner failed to appear and court was adjourned to new date

New date no parties appeared case was adjourned but no new date

Case brought back into court 10 months under the same petition

Is there not a law for family court stating if petitioner defaults case is dismissed or a family law that states a time liMIT for a case that just sits on the docket

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2 Lawyer Answers
Barry E. Janay
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Answered
  • Livingston, NJ
  • Licensed in New York

A: It's called "dismissal for want of prosecution" under the Civil Practice Law and Rules (Supreme Court) that is Section 3216. Article 8 of the Family Court Act allows this as well.

1 user found this answer helpful

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in New York

A: Was there a continuance issued? That is common. If the party is simply not participating in the case, the judge should make a decision. You may file a motion for default judgment if that's the case. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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