22 CRR-NY 500.8NY-CRR
22 CRR-NY 500.8
22 CRR-NY 500.8
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(1) Before argument or submission, an appeal shall be marked withdrawn upon receipt by the clerk of the court of a stipulation of withdrawal signed by counsel for all parties and by all self-represented litigants and, in criminal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(1) Before its return date, a motion shall be marked withdrawn upon receipt by the clerk of the court of a written notice of withdrawal signed by counsel for the moving party, with proof of service of one copy on each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.
22 CRR-NY 500.8
Current through August 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.