§ 470.60 Dismissal of appeal.\n 1. At any time after an appeal has been taken and before\ndetermination thereof, the appellate court in which such appeal is\npending may, upon motion of the respondent or upon its own motion,\ndismiss such appeal upon the ground of mootness, lack of jurisdiction to\ndetermine it, failure of timely prosecution or perfection thereof, or\nother substantial defect, irregularity or failure of action by the\nappellant with respect to the prosecution or perfection of such appeal.\n 2. Such motion must be made upon reasonable notice to the appellant\nand with opportunity to be heard. If the people are the appellant, such\nnotice must be served upon the appropriate district attorney either\npersonally or by ordinary mail. If the appellant is a defendant, such\nnotice must be served upon him by ordinary mail at his last known place\nof residence or, if he is imprisoned, at the institution in which he is\nconfined, and similar notice must be served upon the attorney, if any,\nwho last appeared for him. Upon determination of the motion, a copy of\nthe order entered thereon must similarly be served.\n 3. Provided that a certificate granting leave to appeal is issued\npursuant to this subdivision, an appeal may be taken, in the manner\nprescribed in subdivision four of section 460.10, to the court of\nappeals from an order of an intermediate appellate court dismissing an\nappeal thereto. Such appeal may be based either upon the ground that\nthe dismissal was invalid as a matter of law or upon the ground that it\nconstituted an abuse of discretion. A certificate granting leave to\nappeal from such an order of dismissal may be issued only by a judge of\nthe court of appeals upon an application made in the manner prescribed\nin paragraph (b) of subdivision three of section 460.20. Upon such an\nappeal, the court of appeals must either affirm or reverse the\nintermediate appellate court order.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.