When must a party comply with a CPLR 3216 prosecution demand?

Confirm joinder and the later of one year after joinder or six months after the preliminary conference order, if issued.

Retain the registered or certified demand and actual receipt evidence. Confirm the warning and, for a court demand, the stated pattern of neglect.

Responsible actor. The party receiving the qualifying prosecution demand. A CPLR 3216 demand after joinder of issue and the statutory waiting prerequisites, with its required dismissal warning.

1. Confirm joinder and the later of one year after joinder or six months after the preliminary conference order, if issued.
2. Retain the registered or certified demand and actual receipt evidence. Confirm the warning and, for a court demand, the stated pattern of neglect.
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Resume prosecution and both serve and file the note of issue within ninety days after receipt. Preserve the service and filing records.

GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

Fictitious example

A CPLR 3216 demand after joinder of issue and the statutory waiting prerequisites, with its required dismissal warning. Fictitious established facts. A CPLR 3216 demand after joinder of issue and the statutory waiting prerequisites, with its required dismissal warning.

Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.

Receipt controls

The ninety days begin at receipt, not when the demand is mailed.

Noncompliance

The court may dismiss unless a justifiable excuse and a good and meritorious cause are shown. The date alone does not enter dismissal.

Calendar abandonment

CPLR 3216(f) excludes CPLR 3404 proceedings.

Edition and projected calendar

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

• A CPLR 3216 demand after joinder of issue and the statutory waiting prerequisites, with its required dismissal warning.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Confirm joinder and the later of one year after joinder or six months after the preliminary conference order, if issued.
• Retain the registered or certified demand and actual receipt evidence. Confirm the warning and, for a court demand, the stated pattern of neglect.
• Resume prosecution and both serve and file the note of issue within ninety days after receipt. Preserve the service and filing records.
• The ninety days begin at receipt, not when the demand is mailed.
• The court may dismiss unless a justifiable excuse and a good and meritorious cause are shown. The date alone does not enter dismissal.
• CPLR 3216(f) excludes CPLR 3404 proceedings.
• In the applicable Supreme Court NYSCEF program, preserve recorded transmission and the required fee event under rule 202.5-b(d). Participating-party service has its own notification event under (f). Initiating filing does not itself serve the respondent. The clerk’s entry notification is not party service of notice of entry under (h)(2). Check actual paper receipt, exemptions, emergency procedure and qualifying technical-failure directions separately.