N.Y. Comp. Codes R. & Regs. tit. 22 § 670.2

Current through Register Vol. 46, No. 17, April 24, 2024

Section 670.2 - Settlement or withdrawal of motion, appeal or proceeding; notice of change in circumstances

(a)Withdrawal of an appeal which has been placed on the court's calendar.

(1) A stipulation withdrawing an appeal or proceeding which has been placed on the court's calendar must be filed with the court prior to the calendar date. Absent such a stipulation, an appellant may, prior to the calendar date, move for permission to withdraw such an appeal or proceeding.

(2) An appeal which has been placed on the court's calendar cannot subsequently be withdrawn based upon a settlement which occurred prior to the calendar date, except upon a showing of good cause.

(3) An application for permission to withdraw an appeal subsequent to the calendar date must be supported by:

(i) a stipulation withdrawing the appeal;

(ii) documentation which establishes when the event upon which the withdrawal is based occurred; and

(iii) where appropriate, an explanation regarding why there was a delay in notifying the court of that event. Such applications shall be granted only in limited circumstances and upon a showing of good cause.

(b)Notice of change of circumstances.

For the purposes of the Practice Rules of the Appellate Division (22 NYCRR section 1250.2[c]) , settlement includes, but is not limited to, any oral or written agreement or understanding which may, once memorialized, render a determination of the cause unnecessary.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 670.2