Calendars Decisions

Withdrawals and Notification of Settlement

The Court currently has a high volume of perfected appeals pending before it. In an effort to insure that the Court is processing only those appeals which remain viable, the Court has enacted a local rule which amplifies the language of section 1250.2(c) of the Practice Rules of the Appellate Division (22 NYCRR § 1250.2[c]). That section requires litigants to “immediately notify the court when there is a settlement of a matter or any issue therein or when a matter or any issue therein has been rendered moot.” Section 670.2(b) of the Local Rules of Practice of the Second Department, which was adopted on March 4, 2019, provides that “[f]or the purposes of section 1250.2(c) of the Practice Rules of the Appellate Division (22 NYCRR § 1250.2[c]), settlement includes, but is not limited to, any oral or written agreement or understanding which may, once memorialized, render a determination of the cause unnecessary.” The Court also amended its Local Rules of Practice in relation to what is required in order to withdraw an appeal which has been calendared. See 22 NYCRR § 670.2 for further information.