N.Y. Comp. Codes R. & Regs. tit. 22 § 500.8

Current through Register Vol. 46, No. 18, May 1, 2024

Section 500.8 - Withdrawal of appeal, motion or criminal leave application

(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(1) Before argument or submission, an appeal shall be marked withdrawn upon receipt by the clerk of the court of a stipulation of withdrawal signed by counsel for all parties and by all self-represented litigants and, in criminal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(1) Before its return date, a motion shall be marked withdrawn upon receipt by the clerk of the court of a written notice of withdrawal signed by counsel for the moving party, with proof of service of one copy on each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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 500.8