N.Y. Criminal Procedure Law § 470.60: Dismissal of appeal

§ 470.60 Dismissal of appeal.

1. At any time after an appeal has been taken and before

determination thereof, the appellate court in which such appeal is

pending may, upon motion of the respondent or upon its own motion,

dismiss such appeal upon the ground of mootness, lack of jurisdiction to

determine it, failure of timely prosecution or perfection thereof, or

other substantial defect, irregularity or failure of action by the

appellant with respect to the prosecution or perfection of such appeal.

2. Such motion must be made upon reasonable notice to the appellant

and with opportunity to be heard. If the people are the appellant, such

notice must be served upon the appropriate district attorney either

personally or by ordinary mail. If the appellant is a defendant, such

notice must be served upon him by ordinary mail at his last known place

of residence or, if he is imprisoned, at the institution in which he is

confined, and similar notice must be served upon the attorney, if any,

who last appeared for him. Upon determination of the motion, a copy of

the order entered thereon must similarly be served.

3. Provided that a certificate granting leave to appeal is issued

pursuant to this subdivision, an appeal may be taken, in the manner

prescribed in subdivision four of section 460.10, to the court of

appeals from an order of an intermediate appellate court dismissing an

appeal thereto. Such appeal may be based either upon the ground that

the dismissal was invalid as a matter of law or upon the ground that it

constituted an abuse of discretion. A certificate granting leave to

appeal from such an order of dismissal may be issued only by a judge of

the court of appeals upon an application made in the manner prescribed

in paragraph (b) of subdivision three of section 460.20. Upon such an

appeal, the court of appeals must either affirm or reverse the

intermediate appellate court order.