Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary returned to senate died in assembly |
Jun 17, 2011 |
referred to judiciary delivered to assembly passed senate |
May 09, 2011 |
advanced to third reading |
May 04, 2011 |
2nd report cal. |
May 03, 2011 |
1st report cal.447 |
Apr 13, 2011 |
referred to judiciary |
Senate Bill S4590
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- 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
2011-S4590 (ACTIVE) - Details
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd R3404, CPLR
2011-S4590 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4590 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to the dismissal of abandoned cases This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Local Courts Advisory Committee. This measure would amend the CPLR to authorize the automatic dismissal of a case in the New York City Civil Court after the case is struck from the Court's calendar due to the plaintiffs default on a calendar call. CPLR 3404 provides that a case "marked 'off" or struck from the calendar or unanswered on a clerk's calendar call" that is not restored within one year "shall be deemed abandoned and shall be dismissed without costs for neglect to prosecute." Moreover, the dismissal of he action occurs without "necessity of an order." The problem is that the provision expressly limits itself to a "case in a supreme court or a county court." The courts have strictly construed this language and held that this provision does not apply to courts
2011-S4590 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4590 2011-2012 Regular Sessions I N S E N A T E April 13, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- 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 the dismissal of abandoned cases THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Rule 3404 of the civil practice law and rules is amended to read as follows: Rule 3404. Dismissal of abandoned cases. A case in the supreme court [or], a county court, OR THE CIVIL COURT OF THE CITY OF NEW YORK marked "off" or struck from the calendar or unanswered on a clerk's calendar call, and not restored within one year thereafter, shall be deemed aban- doned and shall be dismissed without costs for neglect to prosecute. The clerk shall make an appropriate entry without the necessity of an order. 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. LBD09316-01-1
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