Case marked off the calendar
Triggering event: Case marked off the calendar. Once this happens in a New York civil action, one deadline starts running under the CPLR. The rule is listed below with the governing section. Enter your date to get the exact due date, adjusted for the service method and rolled off weekends and New York court holidays.
| Deadline | Period | CPLR rule | Notes |
|---|---|---|---|
| Restoration deadline — abandonment | 365 calendar days after the triggering event | CPLR 3404 ↗ Article 34 — Calendar Practice; Trial Preferences | A case marked off and not restored within 1 year is deemed abandoned and dismissed. |
Worked example: case marked off the calendar on Tuesday, September 15, 2026
If case marked off the calendar happened today, here is when each deadline would fall depending on how the paper was served. Dates already account for the weekend and holiday roll.
| Deadline | Personal delivery | By mail (+5 days) | NYSCEF e-service (+2 days) |
|---|---|---|---|
| Restoration deadline — abandonment | Wednesday, September 15, 2027 | Monday, September 20, 2027 | Friday, September 17, 2027 |
Restoration deadline — abandonment
365 calendar days after case marked off the calendar. A case marked off and not restored within 1 year is deemed abandoned and dismissed. Governing rule: CPLR 3404 (Article 34, Calendar Practice; Trial Preferences).
How the service method changes the date
The period runs from service, and the method of service can extend it. Under CPLR 2103(b), mail adds 5 calendar days, overnight courier adds 1 business day, and NYSCEF e-service adds 2 days under Uniform Rule 202.5-b(f)(2). Personal delivery adds nothing. When the last day falls on a Saturday, Sunday, or New York public holiday, the deadline rolls to the next business day (CPLR 2103(a); General Construction Law §25-a).
Frequently asked questions
How long after case marked off the calendar is the restoration deadline — abandonment in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 34 (Calendar Practice; Trial Preferences)
Browse every CPLR deadline by triggering event →
Individual part rules and the Uniform Civil Rules (22 N.Y.C.R.R. Part 202) often impose deadlines shorter than the CPLR default. Check the assigned judge’s part rules before relying on a statutory period.