Discontinuance of actions · as in force on May 31, 2026
In any discontinued action or proceeding, the attorney for the plaintiff or petitioner shall file a stipulation or statement of discontinuance with the clerk of the court within 20 days of such discontinuance. If the action or proceeding has been noticed for judicial activity within 20 days of such discontinuance, the stipulation or statement shall be filed before the date scheduled for such activity.
When an action or proceeding is discontinued, the attorney for the plaintiff or petitioner shall file a stipulation or statement of discontinuance with the clerk within 20 days. ★ If the case was noticed for judicial activity within those 20 days, the stipulation or statement shall be filed before the date scheduled for that activity. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 1 — The Surrogate's Court in Plain English; Volume 3 — The Surrogate's Court: Court Rules & the EPTL; Volume 5 — Your Career: Surrogate's Court in Plain English.