Pursuant to the statute, a court may, on its own initiative, dismiss an action for failure to prosecute. CPLR 3216(a) requires service of the defendant's written demand stating that the plaintiff's failure to proceed within ninety days will result in a motion to dismiss. A conditional order of dismissal may have the same effect as a valid 90-day notice if, among other things, the order satisfies the statutory notice requirement.
Deutsche Bank Natl. Trust Co. v. Bastelli, NY Slip Op 05822 (2d Dep't August 22, 2018)
Here is the decision.
