Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Sep 23, 2014 |
signed chap.371 |
Sep 11, 2014 |
delivered to governor |
May 12, 2014 |
returned to assembly passed senate 3rd reading cal.423 substituted for s5073 |
Apr 07, 2014 |
referred to judiciary delivered to senate passed assembly |
Mar 27, 2014 |
advanced to third reading cal.524 |
Mar 25, 2014 |
reported |
Mar 12, 2014 |
referred to judiciary |
Assembly Bill A9075
Signed By Governor2013-2014 Legislative Session
Sponsored By
STECK
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
Helene Weinstein
David Weprin
2013-A9075 (ACTIVE) - Details
- See Senate Version of this Bill:
- S5073
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3216, CPLR
2013-A9075 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9075 I N A S S E M B L Y March 12, 2014 ___________ Introduced by M. of A. STECK, WEINSTEIN -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary AN ACT to amend the civil practice law and rules, in relation to want of prosecution THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (b) of rule 3216 of the civil practice law and rules, as added by chapter 770 of the laws of 1967, paragraph 3 of subdivision (b) as amended by chapter 4 of the laws of 1978, are amended to read as follows: (a) Where a party unreasonably neglects to proceed generally in an action or otherwise delays in the prosecution thereof against any party who may be liable to a separate judgment, or unreasonably fails to serve and file a note of issue, the court, on its own initiative or upon motion, WITH NOTICE TO THE PARTIES, may dismiss the party's pleading on terms. Unless the order specifies otherwise, the dismissal is not on the merits. (b) No dismissal shall be directed under any portion of subdivision (a) of this rule and no court initiative shall be taken or motion made thereunder unless the following conditions precedent have been complied with: (1) Issue must have been joined in the action; (2) One year must have elapsed since the joinder of issue OR SIX MONTHS MUST HAVE ELAPSED SINCE THE ISSUANCE OF THE PRELIMINARY COURT CONFERENCE ORDER WHERE SUCH AN ORDER HAS BEEN ISSUED, WHICHEVER IS LATER; (3) The court or party seeking such relief, as the case may be, shall have served a written demand by registered or certified mail requiring the party against whom such relief is sought to resume prosecution of the action and to serve and file a note of issue within ninety days after receipt of such demand, and further stating that the default by the party upon whom such notice is served in complying with such demand within said ninety day period will serve as a basis for a motion by the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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