S10076 • 2025

Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Zellnor Myrie
Last action: 2026-04-27
Official status: In Senate Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation

Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation Allows a party asserting a claim to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party and that party has not responded to a request to stipulate to a discontinuance in a reasonable period of time.

What This Bill Does

Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation Allows a party asserting a claim to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party and that party has not responded to a request to stipulate to a discontinuance in a reasonable period of time.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-04-27 Senate
REFERRED TO PROCUREMENT AND CONTRACTS

Official Summary Text

Authorizes a discontinuance without an order in actions where an unrepresented party has not responded to a request for a stipulation
Allows a party asserting a claim to discontinue an action without procedural delays when the discontinuance would benefit an unrepresented party and that party has not responded to a request to stipulate to a discontinuance in a reasonable period of time.

Current Bill Text

Read the full stored bill text

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          10076

                                    I N  S E N A T E

                                     April 27, 2026
                                       ___________

        Introduced  by  Sen.  MYRIE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        AN ACT to amend the civil practice law and rules, in relation to author-
          izing a discontinuance without an order in actions where  an  unrepre-
          sented party has not responded to a request for a stipulation

          THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section 1. Paragraph 3 of subdivision (a) of rule 3217  of  the  civil
     2  practice  law  and rules, as amended by chapter 278 of the laws of 1999,
     3  is amended and a new paragraph 4 is added to read as follows:
     4    3. by filing with the clerk of the court  before  the  case  has  been
     5  submitted to the court or jury a certificate or notice of discontinuance
     6  stating  that  any  parcel  of  land  which is the subject matter of the
     7  action is to be excluded pursuant to title three of  article  eleven  of
     8  the real property tax law[.]; OR
     9    4. WHERE A DEFENDANT NOT APPEARING BY ATTORNEY HAS SERVED A RESPONSIVE
    10  PLEADING, BY FILING WITH THE CLERK OF THE COURT A STIPULATION IN WRITING
    11  SIGNED  BY  THE ATTORNEY OF RECORD FOR ALL PARTIES APPEARING BY ATTORNEY
    12  AND ALL DEFENDANTS NOT APPEARING BY ATTORNEY, PROVIDED THAT NO PARTY  IS
    13  AN INFANT, INCOMPETENT PERSON FOR WHOM A COMMITTEE HAS BEEN APPOINTED OR
    14  CONSERVATEE  AND  NO  PERSON  WHO  IS NOT A PARTY HAS AN INTEREST IN THE
    15  SUBJECT MATTER OF THE  ACTION.  NOTWITHSTANDING  THE  FOREGOING,  IN  AN
    16  ACTION  IN  WHICH  A  DEFENDANT  NOT  APPEARING BY ATTORNEY HAS SERVED A
    17  RESPONSIVE PLEADING BUT HAS INTERPOSED NO COUNTERCLAIM,  CROSS-CLAIM  OR
    18  THIRD-PARTY CLAIM, A STIPULATION DISCONTINUING AN ACTION AS AGAINST SUCH
    19  DEFENDANT  MAY BE FILED WITHOUT THE SIGNATURE OF THAT DEFENDANT PROVIDED
    20  THAT THE DISCONTINUANCE SHALL BE WITH PREJUDICE AS TO THE CLAIMS DISCON-
    21  TINUED, AND FURTHER PROVIDED THAT  THE  PARTY  FILING  SUCH  STIPULATION
    22  FILES  AN  AFFIRMATION  DEMONSTRATING THAT SIXTY DAYS HAVE ELAPSED SINCE
    23  THE STIPULATION WAS MAILED TO THAT DEFENDANT BY FIRST-CLASS MAIL AND  NO
    24  REPLY WAS RECEIVED FROM THAT DEFENDANT.
    25    §  2.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14390-01-6