A notice of pendency shall be effective for a period of three years from the date of filing. Before expiration of a period or extended period, the court, upon motion of the claiming authority and upon such notice as it may require, for good cause shown, may grant an extension for a like additional period. An extension order shall be filed, recorded and indexed before expiration of the prior period.
§ 1346.Duration of notice of pendency
Article 13-A. Proceeds of Crime—forfeiture · Last amended 1984 · Last verified July 21, 2026
In one sentenceLimits a notice of pendency to three years from filing, but lets the claiming authority obtain an equal extension on motion and a showing of good cause, provided the extension order is filed, recorded, and indexed before the current period expires.
Full Text of CPLR 1346
Plain-English Summary
Section 1346 keeps a notice of pendency from clouding a title indefinitely. It expires three years after filing unless the claiming authority takes action to extend it, and it can be renewed for another three-year period at a time, not extended once and left alone forever.
To get that extension, the claiming authority moves before the current period runs out, gives whatever notice the court requires, and shows good cause for keeping the notice in place. A forfeiture case still working its way through litigation years after the property was tied up is the kind of circumstance this provision anticipates.
Timing is unforgiving on the back end. The extension order itself must be filed, recorded, and indexed before the prior period expires -- obtaining the order is not enough if it does not reach the clerk's office in time to keep the notice continuously effective.
Frequently Asked Questions
How long does a notice of pendency in a forfeiture action last?
Three years from the date it was filed, unless extended.
Can a notice of pendency be extended more than once?
The statute allows an extension for a like additional period before each period expires, so successive extensions are possible as long as each is timely obtained.
What must the claiming authority show to get an extension?
Good cause, established on a motion made before the current period expires and on whatever notice the court requires.
What happens if the extension order is signed but not filed before the deadline?
The notice can lapse -- the order must be filed, recorded, and indexed before expiration of the prior period to keep the notice effective.
Who can move to extend a notice of pendency?
The claiming authority, which must make that motion before the existing period runs out.
Amendment History
Add, L 1984, ch 669, § 1, eff Aug 1, 1984 and applicable to crimes committed on and after Aug 1, 1984.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1346 duration notice of pendencythree year notice of pendency New Yorkextend notice of pendency forfeiturerenew lis pendens CPLR