The Law Mind

Dismissal of Actions (amended January 1, 2022)

N.D.N.Y. Local Rule 41.2

(a) Whenever it appears that the plaintiff has failed to prosecute an action or proceeding diligently, the assigned judge may order it dismissed. In the absence of an order by the assigned judge or magistrate judge setting any date for any pretrial proceeding or for trial, the plaintiff’s failure to take action for four (4) months shall be presumptive evidence of lack of prosecution. Nothing in this Rule shall preclude any party from filing a motion to dismiss an action or proceeding for failure to prosecute under Fed. R. Civ. P. 41(b). (b) Failure to notify the Court of a change of address by counsel or pro se litigant within 14 days of a change in accordance with L.R. 10.1(c)(2) may result in the dismissal of any pending action.
Official source: https://www.nynd.uscourts.gov/sites/nynd/files/local_rules/Local%20Rules%202026_Final.pdf · retrieved 2026-07-23