A6217 Wright
No Same as
Civil Practice Law and Rules
TITLE....Requires conduct constituting neglect to prosecute to be set forth on the record
| | | |
| 03/06/01 | referred to codes |
| 05/08/01 | reported referred to rules |
| 05/21/01 | rules report cal.185 |
| 05/21/01 | ordered to third reading rules cal.185 |
| 05/21/01 | passed assembly |
| 05/21/01 | delivered to senate |
| 05/21/01 | REFERRED TO RULES |
| 01/09/02 | DIED IN SENATE |
| 01/09/02 | RETURNED TO ASSEMBLY |
| 01/09/02 | committed to rules |
| 03/18/02 | rules report cal.425 |
| 03/18/02 | ordered to third reading rules cal.425 |
| 03/18/02 | passed assembly |
| 03/18/02 | delivered to senate |
| 03/18/02 | REFERRED TO CODES |
WRIGHT
Amd S205, CPLR
Provides that where an action is dismissed as a result of a failure to
prosecute, the court shall set forth specific conduct constituting the neglect
on the record and provides that the conduct specified must demonstrate a
general pattern of delay in proceeding with the litigation.
RETRIEVE BILL
STATE OF NEW YORK
________________________________________________________________________
6217
2001-2002 Regular Sessions
IN ASSEMBLY
March 6, 2001
___________
Introduced by M. of A. WRIGHT -- read once and referred to the Committee
on Codes
AN ACT to amend the civil practice law and rules, in relation to termi-
nation of an action
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. Subdivision (a) of section 205 of the civil practice law
2 and rules, as amended by chapter 216 of the laws of 1992, is amended to
3 read as follows:
4 (a) New action by plaintiff. If an action is timely commenced and is
5 terminated in any other manner than by a voluntary discontinuance, a
6 failure to obtain personal jurisdiction over the defendant, a dismissal
7 of the complaint for neglect to prosecute the action, or a final judg-
8 ment upon the merits, the plaintiff, or, if the plaintiff dies, and the
9 cause of action survives, his or her executor or administrator, may
10 commence a new action upon the same transaction or occurrence or series
11 of transactions or occurrences within six months after the termination
12 provided that the new action would have been timely commenced at the
13 time of commencement of the prior action and that service upon defendant
14 is effected within such six-month period. Where a dismissal is one for
15 neglect to prosecute the action made pursuant to rule thirty-two hundred
16 sixteen of this chapter or otherwise, the judge shall set forth on the
17 record the specific conduct constituting the neglect, which conduct
18 shall demonstrate a general pattern of delay in proceeding with the
19 litigation.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09567-01-1
NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(e)
RETRIEVE BILL
BILL NUMBER: A6217
SPONSOR: Wright
TITLE OF BILL: An act to amend the civil practice law and rules, in
relation to termination of an action
PURPOSE OR GENERAL IDEA OF BILL:
Establishes a requirement that when a dismissal is one for neglect to
prosecute an action the judge must set forth on the record the specific
conduct constituting the neglect. The conduct specified must demon-
strate a general pattern of delay in proceeding with the action before a
neglect to prosecute dismissal is warranted.
SUMMARY OF PROVISIONS:
Amends Subdivision (a) of section 205 of the civil practice law and
rules, as amended by chapter 216 of the laws of 1992.
JUSTIFICATION:
This bill sets forth a resolution to a persistent problem within our
courts regarding dismissal for neglect to prosecute the action.
The intent of CPLR §205(a) has been misconstrued allowing for many cases
to be dismissed on the basis of neglect to prosecute. The law is pres-
ently unclear with respect to what specifically constitutes a neglect to
prosecute particularly where it falls outside Rule 3216.
Amending CPLR §205(a) to provide uniformity would reestablish the
original legislative intent of this chapter.
FISCAL IMPLICATIONS:
None.
LEGISLATIVE HISTORY:
1993-1994: A.11680
1995-1996: A.4369
1997-1998: A.3469
1999-2000: A.6328
EFFECTIVE DATE:
This act shall take effect immediately.