Where the court issues a written demand to resume prosecution of the case, the court must "set forth the specific conduct constituting the neglect, which conduct shall demonstrate a general pattern of delay in proceeding with the litigation, " pursuant to CPLR 3216[b][3]. Where the court seeks sua sponte dismissal, it must give the parties notice and an opportunity to be heard, pursuant to CPLR 3216[a].
Designer Limousine, Inc. v. Authority Transp., Inc., NY Slip Op 03767 (2d Dep't July 12, 2023)
