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NY A09075
Bill
Status
Passed
9/23/2014
Primary Sponsor
Phillip Steck
Click for details
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