Q. I missed my hearing.

The court clerk said I need to restore the case to calendar. How do I do that?


Answer

Public Access Law Libraries have materials on this topic; there are no DIY forms. A good place to start is this article in Westlaw:

"Even when properly on the trial calendar, the court may mark an action off or strike it from the calendar, usually because the plaintiff missed a calendar call or the case is not ready for trial. When that occurs, the action is subject to dismissal if the plaintiff does not restore the action to the trial calendar within one year. This Note sets out the procedure for filing, vacating, and restoring a note of issue, restoring an action to the trial calendar, and obtaining dismissal of an abandoned action. This Note also discusses the effect of CPLR 3404 when a case is dismissed as abandoned."
 
Trial Calendar Practice and Preferences Under CPLR Article 34 (NY), Practical Law Practice Note w-019-8474

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  • Last Updated Jan 17, 2020
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