N.Y. Comp. Codes R. & Regs. tit. 22 § 730.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 730.3 - Settlement or withdrawal of motion or appeal; notice of change in circumstances

(a)Withdrawal of motion.

A moving party may file a written request to withdraw a motion at any time prior to its determination.

(b)Withdrawal of appeal.

(1) Unperfected appeals may be withdrawn by letter application to the court, with service on all parties.

(2) An appeal that has been placed on the appeal calendar, but which has not yet been assigned to an appointed term, may be withdrawn by leave of the court upon the filing with the court of a written stipulation of withdrawal signed by the parties or their attorneys and, in criminal appeals, by the appellant personally. Absent such a stipulation, an appellant may move for permission to withdraw such an appeal. An appeal that has been perfected and in which no respondent's brief has been filed may be withdrawn by letter application to the court, with service on all parties.

(3)

(i) An appeal which has been assigned to an appointed term may be withdrawn by leave of court upon the filing with the court, prior to the date of the appointed term, of a written stipulation signed by the parties or their attorneys and, in criminal appeals, by the appellant personally. Absent such a stipulation, an appellant may, prior to the date of the appointed term, move for permission to withdraw such an appeal.

(ii) On or after the date of a term to which an appeal has been appointed, an appellant may move for permission to withdraw an appeal which has been assigned to that term. Such motions will be granted only in limited circumstances and upon a showing of cause. A motion for such a withdrawal must be supported by:

(a) a written stipulation signed by the parties or their attorneys and, in criminal appeals, by the appellant personally; and

(b) documentation establishing when the event upon which the withdrawal is based occurred. If such event occurred prior to the date of the appointed term, an explanation for the delay in notifying the court of that event must be provided.

(c)Notice of change of circumstances.

The parties or their attorneys shall immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot. The parties or their attorneys shall likewise immediately notify the court if the appeal should not be calendared because of the death of a party, bankruptcy or other appropriate event. Any such notification shall be followed by an application for appropriate relief. Any party or attorney who, without good cause shown, fails to comply with the requirements of this subdivision may be subject to the imposition of sanctions.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 730.3