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THE CITY RECORD

6572
but not limited to:
i
i j
Whether the Respondent was cited generally as Owner or Agent on all copies of the summons served on the Respondent; or
ii Whether the Respondent was an improper party when the summons was issued, such as:
A

An individual who was deceased or legally incompetent on the hearing date upon which the Respondent did not appear; or
B

For a premises-related violation, the Respondent was not the owner, agent, lessee, tenant occupant or person in charge of or in control of the place of occurrence on the date of the offense.

3

Whether circumstances that could not be reasonably foreseen prevented the Respondent from attending the hearing.

4

Whether the Respondent had an emergency or condition requiring immediate medical attention.

5

Whether the matter had been previously adjourned by the Respondent.

6

Whether the Respondent attempted to attend the hearing with reasonable diligence.

7

Whether the Respondents inability to attend the hearing was due to facts that were beyond the Respondents control.

8

Whether the Respondents failure to appear at the hearing can be attributed to the Respondents failure to maintain current contact information on file with the applicable licensing agency.

9

Whether the Respondent has previously failed to appear in relation to the same summons.

10 Any other fact that the Tribunal considers to be relevant to the motion to vacate.
e
Defaulting twice on the same summons.
1

2

If, after a request for a new hearing has been previously granted, and a new default decision has been issued, a motion to vacate the second default decision in relation to the same summons will not be granted. a Respondent defaults on the same summons, the second default shall not be eligible for a request for a new hearing.
The second default decision is the Tribunals final determination and is not subject to review or appeal at the Tribunal. Judicial review of the decision may be sought pursuant to Article 78 of the New York Civil Practice Law and Rules.
Notwithstanding the forgoing, upon application, the Chief Administrative Law Judge or his or her designee will have the discretion, in may grant a new hearing after default upon a showing of exceptional circumstances and in order to avoid injustice , to grant a request for a new hearing.

f
Except as otherwise stated in 5-03 of the this Title, the Chief Administrative Law Judge or his or her designee will have the discretion, in exceptional circumstances and in order to avoid injustice, to consider a motion to vacate a default filed Respondents first request for a new hearing after default made more than one 1 year from the date of the default decision.

g
If a motion to vacate a default request for a new hearing after default is granted, the Tribunal will send a notice to the Respondent at the Respondents address provided on the motion. If the Respondent is deceased or legally incompetent, a notice will be sent to Respondents representative at the address provided by the representative on the motion.
Notice will also be sent to the Petitioner upon request. If the Respondent is unable to appear on the hearing date scheduled after such motion is granted, the Respondent may request that the hearing be rescheduled one 1 final time.

h
i
If a motion to vacate a default request for a new hearing after default is granted and the Respondent has already made a full or partial payment, no request of a refund will be considered until after the hearing is completed and a decision issued.
A decision to grant a motion to vacate a default request for a new hearing after default is not a final decision on the issues of whether the Respondent was properly served or a proper party on the date of the offense.

WEDNESDAY, DECEMBER 5, 2018

A denial of a motion to vacate a default request for a new hearing after default is the Tribunals final determination and is not subject to review or appeal at the Tribunal.
Judicial review of the denial may be sought pursuant to Article 78 of the New York Civil Practice Law and Rules.

E d5

SPECIAL MATERIALS

OFFICE OF COURT ADMINISTRATION
NOTICE

The New York State Unified Court seeks comments to assist in the evaluation of the following Housing Court Judge candidates:
Clinton J. Guthrie, Esq.
Norma J. Jennings, Esq.
Jacob O. Madubuko, Esq.
Lauren Popper, Esq.
Malaika Scott-McLaughlin, Esq.
Malikah Sherman, Esq.
Susan R. Winograd, Esq.
Please send comments to the Hon. George J. Silver, Deputy Chief Administration Judge for New York City, 111 Centre Street, Room 1240, New York, NY 10013.

d5

CHANGES IN PERSONNEL
DEPARTMENT OF CORRECTION
FOR PERIOD ENDING 10/19/18

NAME
PETERS III
PETITO
PIENKOWSKI
PITTER-YOUNG
POLANCO
POUBOURIDIS
POWELL
RABASSA
RADUCZ
RATCHFORD
REID
RICHARDS
RILEY-BROWN
RIVERA
ROBERTSON
ROBINSON
ROBINSON
ROBINSON
ROSARIO
ROWE
RUIZ
RUSSELL
RUSSELL
SALOMON
SAWNEY
SELLIER
SESSION
SILVERSTEIN
SIMS
SKRINE
SMALLS
SMART
SMITH
SMITH
SOTO
STANLEY
STEWART
STOKES
THOMAS
THOMPSON
TOLOSA

JONATHAN
ANAE
MATTHEW
VALERIE
JONATHAN
GEORGE
SHADE
JOANNA
JAMES
LATOYA
KYMESHA
RENE
MALEAH
JUSTIN
ALLIE
JAMAL
LESLIE
ZENOBIA
ANTONINO
KERRY AN
RHONDA
BARRINGT
HANA
ROMAIN
NIA
MARION
KEASIA
BEATRIZ
BENITA
JESSICA
CHRISTIN
GWENDOLI
OMAR
SHADERE
JASON
RASIJAH
NEREEN
RAVEN
ADJUWA
NATASHA
ANGELA

C
P R
A G
A M
L M
M C
M D
M J

G
M C
T J
E A
P A
K J
M R

TITLE
NUM
70467
10232
70410
70467
70410
10232
70467
10232
51274
70467
10232
70467
10232
70410
56058
70467
70467
10232
91212
70467
70467
70467
70467
70410
10232
10232
10232
70467
70410
70467
70467
70467
70467
70410
70467
12202
10232
10232
10124
70467
10056

SALARY
$83871.0000
$20.0000
$44333.0000
$83871.0000
$44333.0000
$20.0000
$83871.0000
$15.0000
$61200.0000
$83871.0000
$15.0000
$83871.0000
$20.0000
$44333.0000
$58207.0000
$83871.0000
$83871.0000
$15.0000
$38798.0000
$83871.0000
$83871.0000
$83871.0000
$83871.0000
$44333.0000
$15.0000
$15.0000
$20.0000
$83871.0000
$52170.0000
$83871.0000
$83871.0000
$83871.0000
$83871.0000
$44333.0000
$83871.0000
$37030.0000
$20.0000
$15.0000
$56798.0000
$83871.0000
$154500.0000

ACTION
PROMOTED
RESIGNED
RESIGNED
PROMOTED
RESIGNED
RESIGNED
PROMOTED
RESIGNED
RESIGNED
PROMOTED
RESIGNED
PROMOTED
RESIGNED
RESIGNED
APPOINTED
PROMOTED
PROMOTED
RESIGNED
APPOINTED
PROMOTED
PROMOTED
PROMOTED
PROMOTED
RESIGNED
RESIGNED
RESIGNED
RESIGNED
PROMOTED
TERMINATED
PROMOTED
PROMOTED
PROMOTED
PROMOTED
RESIGNED
PROMOTED
APPOINTED
RESIGNED
RESIGNED
PROMOTED
PROMOTED
RESIGNED

PROV
NO
YES
NO
NO
NO
YES
NO
YES
YES
NO
YES
NO
YES
NO
YES
NO
NO
YES
NO
NO
NO
NO
NO
NO
YES
YES
YES
NO
NO
NO
NO
NO
NO
NO
NO
YES
YES
YES
NO
NO
YES

EFF DATE
09/28/18
08/09/18
09/16/18
09/28/18
10/05/18
08/16/18
09/28/18
08/09/18
09/26/18
09/28/18
08/10/18
09/28/18
08/09/18
10/01/18
09/30/18
09/28/18
09/28/18
08/09/18
09/30/18
09/28/18
09/28/18
09/28/18
09/28/18
10/04/18
08/30/18
08/09/18
08/09/18
09/28/18
09/29/18
09/28/18
09/28/18
09/28/18
09/28/18
09/26/18
09/28/18
09/30/18
08/10/18
08/30/18
09/30/18
09/28/18
08/05/17

AGENCY
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072
072

PROV
YES
NO
YES

EFF DATE
09/30/18
09/22/18
08/16/18

AGENCY
072
072
072

DEPARTMENT OF CORRECTION
FOR PERIOD ENDING 10/19/18

NAME
TORELI
TURNER
VAILLANT

TITLE
NUM
GIORGI
30087
TAMELA
70410
NATALIE V 10232

SALARY
$85029.0000
$44333.0000
$20.0000

ACTION
INCREASE
RESIGNED
RESIGNED