When does a marked-off New York trial-calendar case become abandoned?

Establish the note-of-issue trial-calendar status and the actual qualifying mark-off record.

Check trial notice, any restoration motion and the actual restoration order or calendar entry.

Responsible actor. The party seeking restoration of the qualifying trial-calendar case. An independently established post-note-of-issue trial-calendar case under CPLR 3404, not every administrative removal or pre-note case.

1. Establish the note-of-issue trial-calendar status and the actual qualifying mark-off record.
2. Check trial notice, any restoration motion and the actual restoration order or calendar entry.
3. Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
4. Use the applicable restoration procedure and preserve the completed motion and court record. The calculator supplies the statutory one-year boundary, not a restoration order.

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

An independently established post-note-of-issue trial-calendar case under CPLR 3404, not every administrative removal or pre-note case. Fictitious established facts. An independently established post-note-of-issue trial-calendar case under CPLR 3404, not every administrative removal or pre-note case.

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.

Post-note calendar

St. Louis discusses post-note trial-calendar mark-off and timely restoration motions at 229 AD3d 124.

Abandonment entry

The statute directs dismissal without costs and a clerk entry without an additional order if the qualifying case is not restored within one year.

Different dismissal

CPLR 3216 and readiness vacatur concern different procedures. Do not infer CPLR 3404 status from an unrelated docket label.

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.

• An independently established post-note-of-issue trial-calendar case under CPLR 3404, not every administrative removal or pre-note case.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Establish the note-of-issue trial-calendar status and the actual qualifying mark-off record.
• Check trial notice, any restoration motion and the actual restoration order or calendar entry.
• Use the applicable restoration procedure and preserve the completed motion and court record. The calculator supplies the statutory one-year boundary, not a restoration order.
• St. Louis discusses post-note trial-calendar mark-off and timely restoration motions at 229 AD3d 124.
• The statute directs dismissal without costs and a clerk entry without an additional order if the qualifying case is not restored within one year.
• CPLR 3216 and readiness vacatur concern different procedures. Do not infer CPLR 3404 status from an unrelated docket label.
• 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.