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NY A09075

Bill

Status

Passed

9/23/2014

Primary Sponsor

Phillip Steck

Click for details

Origin

Assembly

2013-2014 General Assembly

AI Summary

  • Amends CPLR Rule 3216 to require courts to provide notice to all parties before dismissing a case for want of prosecution
  • Establishes that dismissals for want of prosecution shall not be on the merits unless the court order specifies otherwise
  • Modifies the timeline for dismissal by allowing cases to be dismissed if six months have elapsed since a preliminary court conference order is issued, whichever is later than one year from joinder of issue
  • Requires written demands for resumption of prosecution to be served by registered or certified mail, allowing 90 days for compliance before dismissal motion can be filed
  • Mandates that court-issued demands must specify the conduct constituting neglect and demonstrate a general pattern of delay in litigation proceedings
  • Effective January 1 following enactment

Legislative Description

Relates to want of prosecution.

Last Action

signed chap.371

9/23/2014

Committee Referrals

Judiciary4/7/2014
Judiciary3/12/2014

Full Bill Text

No bill text available