Legislation
SECTION 3404
Dismissal of abandoned cases
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 34
Rule 3404. Dismissal of abandoned cases. A case in the supreme court
or a county court 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 abandoned and shall be dismissed without costs for
neglect to prosecute. The clerk shall make an appropriate entry without
the necessity of an order.
or a county court 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 abandoned and shall be dismissed without costs for
neglect to prosecute. The clerk shall make an appropriate entry without
the necessity of an order.