N.Y. Real Property Actions & Proceedings Law § 796-f: Trial

§ 796-f. Trial. Where triable issues of fact are raised, they shall be

tried by the court without a jury at the time when issue is joined;

provided, however, that the court, in its discretion, may grant an

adjournment of such trial at request of either party, if it determines

that an adjournment is necessary to enable either of the parties to

procure the necessary witnesses, or upon consent of all the parties who

appear. Such adjournment shall not be for more than five days except by

consent of all the parties who appear.