March 2, 2022

CPLR 304.

Where a case is marked off the calendar and not restored within one year, there is a rebuttable presumption that it is abandoned. If the presumption of abandonment is not rebutted, the case will be dismissed.

Wells Fargo Bank, N.A. v. Yoo Mi Min, NY Slip Op 01265 (1st Dep't February 24, 2022)

Here is the decision.