New York courts
What is the deadline for restoration of a case marked off the calendar?
The period for restoration of a case marked off the calendar normally runs 1 year from the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call, under CPLR 3404. The period is measured in calendar years.
Calculate my deadline- Period
- 1 year
- Trigger
- The case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call
- Rule
- CPLR 3404
New York rules as encoded, holiday calendar verified
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Calculate your deadline
Enter the date of the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call. See the date, cited rule and counting steps.
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Which date starts the 1 year period?
The period runs from the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call.
Count forward from the trigger event. Confirm the event on the docket or in the service record before entering a date.
Read New York Courts rules and legislation"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."
CPLR 3404
This period runs from the specific event in the cited rule. Do not substitute a nearby date such as a hearing, a courtesy copy or the day you first learned of it.
Which date do I enter?How are the 1 year counted?
- Exclude the day of the trigger event.
- Count every following day, including intermediate Saturdays, Sundays and legal holidays.
- If the last day is a Saturday, Sunday or New York legal holiday, continue to the next day that is not one of those.
Exclude the trigger day and count calendar days under General Construction Law 20 (days).
If the final day is a Saturday, Sunday or legal holiday in the New York calendar, the computation rule carries it to the next open day.
New York computes time under General Construction Law 20 (days). The applied calendar bundles the state legal holidays for the covered years; court-specific closures and emergency orders are not bundled.
Read General Construction Law 20 (days)The calculation gives the ordinary national-rule date. Check relevant holidays, the court’s accessibility and its filing cutoff separately.
Review the filing checklistWhat does a worked calculation look like?
Fictitious example
Assume the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call on Tuesday, September 1, 2026 (the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call on this date, with no order, motion or extension affecting the period), with no order, motion, extension or local closure affecting the result. Exclude the trigger day and count calendar days under General Construction Law 20 (days). The example assumes no local rule, order or closure changes the default period.
| Step | What is counted | Date |
|---|---|---|
| Trigger | Do not count this day | September 1, 2026 |
| Period ends | 1 year measured under the cited rule | September 1, 2027 |
Can an order, motion or extension change the deadline?
- Extensions
- After the year, restoration requires a showing of a meritorious cause of action, a reasonable excuse for the delay, absence of intent to abandon and absence of prejudice. The dismissal is not on the merits.
- Orders and local rules
- A scheduling order, stipulation approved by the court, standing order or local rule can set a different period and controls over the national default.
- After the year, restoration requires a showing of a meritorious cause of action, a reasonable excuse for the delay, absence of intent to abandon and absence of prejudice. The dismissal is not on the merits.
- A stipulation, scheduling order, standing order or local rule can set a different period and controls over the national default.
What should I check before filing?
These checks help you review the result. They do not activate a calendar date or certify that the deadline applies.
Common questions
Find answers about when this 1 year period starts, how it is counted, what can change it and how to keep your calculation.
Starting the clock
Does the clock start on the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call, or when I first learned of it?
The period runs from the case being marked off or struck from the calendar, or left unanswered on a clerk's calendar call as the rule defines it, not from the day you read about it, received a courtesy copy or attended a hearing. Use the date shown on the docket or in the service record.
Counting days and filing
Which time zone and filing cutoff apply?
New York filing rules and the court’s electronic filing system set the cutoff. This calculator does not verify filing hours or system availability.
General Construction Law 20 (days)What if the court is inaccessible on the last day?
General Construction Law 20 (days) and the court’s administrative orders govern an inaccessible clerk’s office. Check the court’s notices. This calculator does not predict a closure.
General Construction Law 20 (days)Extensions and local rules
Can the court extend this deadline?
After the year, restoration requires a showing of a meritorious cause of action, a reasonable excuse for the delay, absence of intent to abandon and absence of prejudice. The dismissal is not on the merits. A request does not itself extend the period, and no discretionary extension is calculated here.
Do local rules, standing orders or a scheduling order change the date?
They can. Many courts set their own periods by local rule, standing order or case-specific order, and those control over the national default. This calculator gives the national-rule date only; compare it with any order in the case before relying on it.
Choosing the right calculator
Does this calculator decide whether the rule applies to my case?
No. It calculates a period from the date you provide under the cited rule. It does not decide whether the rule governs your filing, whether an exception applies, or whether the filing has merit. Those questions need separate review.
Can I calculate the deadline without an account?
Yes. Enter the trigger date to see the free national-rule calculation, citation, counting steps and warnings. You can add court context after the result. Missing court review keeps the result provisional.
Results, records and your case
What is included in an Evidence Record?
The retained inputs, result, cited rule, calculation working, warnings and review state. The PDF includes a payload digest and retained-data appendix, and the record can be verified against its fingerprint later. It records the calculation, not a guarantee of legal correctness.
Does saving to a case activate the calendar?
Not automatically. Provisional records remain subject to review. A separately labeled manual date does not alter the original calculation.
Official sources and review
The period and the counting method come from different provisions. The official source is the court’s published rules; the reading links open the rule text at the Legal Information Institute.
| Provision | Purpose |
|---|---|
| CPLR 3404 | Trigger and period |
| General Construction Law 20 (days) | Counting, holidays and the last day |
Rule record reviewed . Guide sources checked . Next source check .
Published by Deadline Engine. This tool calculates the ordinary period under the cited rule. It does not decide whether the rule applies, obtain an extension or file anything for you.