Notice Of Motion New York Sample Withdrawal
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FAQ
If the appeal or proceeding has been perfected and responded to, an appellant must either make a formal motion on notice for leave to withdraw it, or must submit a stipulation signed by all parties consenting to the withdrawal (22 NYCRR 1250.2[b]; 670.2[a]).
A notice of discontinuance is used when a plaintiff or applicant (someone who has commenced proceedings), or an appellant (someone who is appealing a case) decides to 'drop the case'. This means that they won't continue pursuing the case. The Court then stays the proceedings.
Unlike a notice of motion, which is served first then filed, an order to show causes is filed first then served. It is filed before serving because the court sets the motion date, the amount of time for service of the motion, and how the order to show cause must be served.
A motion may be withdrawn at any time prior to its return date by filing with the clerk a written request signed by counsel for the moving party.
Motions made by notice of motion and petitions and notices of petition in special proceedings are processed by the General Clerk's Office (Room 119) and are to be made returnable in the Motion Submission Part Courtroom (Room 130) on any business day of the week at AM.