New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter A - Rules Of Practice
Part 500 - Rules Of Practice
General Matters
Section 500.8 - Withdrawal of appeal, motion or criminal leave application
Universal Citation: 22 NY Comp Codes Rules and Regs ยง 500.8
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Appeals.
(1) Before argument or
submission, an appeal shall be marked withdrawn upon receipt by the clerk of
the court of a stipulation of withdrawal signed by counsel for all parties and
by all self-represented litigants and, in criminal appeals, additionally by
defendant.
(2) After
argument or submission, a request to withdraw an appeal shall be supported by a
stipulation of withdrawal signed by counsel for all parties and by all
self-represented litigants and, in criminal appeals, additionally by defendant.
The request shall be submitted to the court for determination.
(b) Motions.
(1) Before its return date, a
motion shall be marked withdrawn upon receipt by the clerk of the court of a
written notice of withdrawal signed by counsel for the moving party, with proof
of service of one copy on each other party.
(2) After the return date, a request to
withdraw a motion shall be supported by a stipulation of withdrawal signed by
counsel for all parties and by all self-represented litigants. The request
shall be submitted to the court for determination.
(c) Criminal leave applications. A request to withdraw an application shall be in writing and, if made on behalf of a defendant, shall be signed by defendant. The request shall contain an indication of service of one copy upon all parties and, if the request is made by defendant personally, proof of service upon defense counsel, if defendant is represented. The request shall be submitted to the assigned judge for determination.
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