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Senate Bill S5416

2013-2014 Legislative Session

Relates to dismissal of pleadings for unreasonable neglect to prosecute

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2013-S5416 (ACTIVE) - Details

Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd R3216, CPLR

2013-S5416 (ACTIVE) - Summary

Relates to dismissal of pleadings for unreasonable neglect to prosecute.

2013-S5416 (ACTIVE) - Sponsor Memo

2013-S5416 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5416

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Judiciary

AN ACT to amend the  civil  practice  law  and  rules,  in  relation  to
  dismissal of pleadings for unreasonable neglect to prosecute

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph 3 of subdivision (b) of rule 3216  of  the  civil
practice  law and rules, as amended by chapter 4 of the laws of 1978, is
amended to read as follows:
  (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
party  serving said demand for dismissal as against him for unreasonably
neglecting to proceed.  WHERE THE WRITTEN DEMAND IS SERVED BY THE COURT,
THE DEMAND  SHALL  SET  FORTH  THE  SPECIFIC  CONDUCT  CONSTITUTING  THE
NEGLECT,  WHICH  CONDUCT SHALL DEMONSTRATE A GENERAL PATTERN OF DELAY IN
PROCEEDING WITH THE LITIGATION.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11130-01-3

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