' 1-11 Appearances.

Attorney Not Retained by Party

Where respondent failed to appear for trial and his union-provided counsel asked for an adjournment based upon respondent’s representation to a union representative that he had to leave the state to attend to a sick parent, the respondent was declared in default because he had not authorized anyone to appear on his behalf pursuant to this rule. Health and Hospitals Corp. (Elmhurst Hospital Center) v. Mosley, OATH Index No. 206/00 (Nov. 15, 1999).

Where taxicab medallion owners defaulted at license revocation hearing, an attorney retained by a taxi management company who represents that he is in the process of contacting the medallion owners to offer his services, lacks standing under paragraphs (c) and (d) of this section to file motions to vacate the medallion owners' defaults. Taxi and Limousine Comm'n v. West, OATH Index Nos. 1131, 1133-37/94 (Aug. 19, 1994); Taxi and Limousine Comm'n v. Borko, OATH Index No. 1117/94 (Aug. 8, 1994).

Under paragraph (c) of this section, an attorney not yet retained by a party lacks standing absent extraordinary circumstances to file an application on that party's behalf. Human Resources Admin. v. Morales, OATH Index No. 306/92 (Dec. 31, 1991).

Appearance by Non-Attorney Representative

A party before OATH is not required to appear by an attorney. Fire Dep't v. Durkin, OATH Index No. 309/90 (Mar. 28, 1991).

Notice of Appearance Required

Counsel must file a notice of appearance before he could appear on behalf of respondent in the proceeding. Taxi and Limousine Comm’n v. Surinder, OATH Index No. 825/99, letter decision dated Nov. 30, 1998.