SAYING THAT the Legislature does not have the power to place absolute restrictions on a court’s calendar, a Brooklyn judge has challenged the scope of a law that puts a 10-day limit on adjournments in eviction proceedings.
The ruling by Supreme Court Justice Reynold N. Mason came in an Article 78 proceeding brought by a landlord after another Brooklyn judge, Civil Court Judge Bernadette Bayne, adjourned an eviction case against a tenant for 28 days, despite objections from the landlord’s attorney. The tenant, Patricia Menkin, had requested an adjournment of unspecified length so she could consult with attorneys at Legal Aid to the Aging.
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