New York Codes, Rules and Regulations
Title 22 - JUDICIARY
Subtitle B - Courts
Chapter IV - Supreme Court
Subchapter D - Fourth Judicial Department
Article 1 - Appellate Division
Subarticle A - Rules of Practice
Part 1000 - Rules Of Practice
Section 1000.18 - Withdrawal of motion, appeal or proceeding; settlement of appeal or proceeding or issue therein
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Motion. A motion may be withdrawn at any time prior to its return date upon the written request of the moving party.
(b) Appeal or proceeding. An appeal or proceeding may be withdrawn and discontinued at any time prior to its determination only upon the filing with this court of a written stipulation of discontinuance, which must be signed by the parties or their attorneys and, in criminal appeals and appeals in which counsel has been assigned, by the appellant personally. When an appeal or proceeding is withdrawn or discontinued, the court shall be promptly notified.
(c) Settlement of appeal or proceeding or issue therein. The parties or their attorneys shall promptly notify the court when there is a settlement of an appeal or proceeding or any issue therein or when an appeal or proceeding or any issue therein has been rendered moot.
