How do I request a stay of proceedings in small claims court?

In order to request a stay of proceedings in small claims court in New York, you must first complete and file Form SC-152: Request for Stay of Proceedings with the court. This can be done online or by mail, and the form must be received by the court at least 10 days before the hearing. When you file the form, you must also include the reason(s) why you are seeking the stay of proceedings. Common reasons may include illness of a party, that a witness is unavailable, or if you need more time to gather evidence for your case. When the court receives your form and explanation, they will review it and decide whether or not to grant the stay. If granted, the court will issue an order to stay proceedings. If the court denies your request, it is usually because they believe that your reason(s) for the stay are not valid or that you have not shown enough evidence to support your request. However, the court may allow you to provide additional evidence or information at the hearing. It is important to note that a stay of proceedings does not mean that your case is dismissed. When the stay is lifted, the court will resume proceedings and your case will continue.

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