The trial court's granting of an adjournment is discretionary, and it may be properly be denied when there are clear indicators of a failure to prosecute, according to the First Department, in Archibald v. Asia Five Eight, which was decided on April 19, 2007. The court found that "neither plaintiff's counsel of record nor plaintiff's newly retained trial counsel provided the court or the defense with advance notice of plaintiff's purported inability to proceed to trial on the appointed date, and instead, submitted, on the day of the scheduled trial, an affidavit of engagement that admittedly contained misstatements of fact. Not only did plaintiff's counsel of record act contrary to the mandate of 22 NYCRR § 202.31 by retaining outside trial counsel fewer than 10 days before the trial was to begin, but the attorney retained was clearly not prepared to try the matter on the scheduled date." On these facts, an adjournment was denied and the action was dismissed.