New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter I - Court of Appeals
Subchapter B - Rules And Standards In Capital Cases
Part 510 - Rules Of The Court Of Appeals In Capital Cases
Section 510.15 - Withdrawal of appeal or motion

With the exception of a defendant's appeal to the Court of Appeals from a judgment including a sentence of death pursuant to C PL 450.70(1), an appeal may be withdrawn and discontinued at any time prior to argument or submission by forwarding to the clerk of the Court of Appeals a duly executed stipulation of withdrawal, which must be signed by all counsel, and by the defendant personally. A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party. A request to withdraw a motion after submission must be supported by a stipulation of withdrawal signed by all counsel.