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.