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Default Judgments
Default Decisions and Orders
A respondent who fails to admit to the charges, appear before the Bureau or make a request to reschedule the appearance or hearing as provided in these regulations will be deemed to have defaulted.
Upon such default, without further notice to the respondent and without a hearing having been held, all facts alleged in the Notice of Violation will be deemed admitted, the respondent will be found in violation and the maximum penalty authorized by the Town Code for the violation alleged and surcharge(s) will be applied.
The Bureau shall notify the respondent of the issuance of a default by mail. The Default Decision and Order will include a description of the nature of the violation, the fact that the respondent failed to appear as directed, and the amount of the monetary penalty and surcharge for administrative costs assessed on default.
The civil penalty must be paid within 30 days or a default judgment may be entered in the Suffolk County District Court, the Suffolk County Clerk’s Office or any other place for the entry of judgments within the State of New York and may be enforced against the respondent without further court proceedings.
Entry of a default judgment may be avoided by requesting a stay of default for good cause shown and by scheduling a conference Within thirty days of the mailing of the Default Decision and Order.