{"jurisdiction": "us-ny", "code": "cpl", "section": "470.60", "citation": "CPL § 470.60", "heading": "Dismissal of appeal", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CPL/470.60", "from_official_api": true, "plain_english": "Before deciding an appeal, the appellate court may **dismiss it** for mootness, lack of jurisdiction, untimely prosecution or perfection, or another substantial defect or failure by the appellant.\n\n- **(1)** Dismissal may occur on the respondent’s motion or the court’s own motion.\n- **(2)** The appellant must receive **reasonable notice and a chance to be heard**. Notice goes to the district attorney, **personally or by ordinary mail**, when the People appealed; for a defendant, it goes by ordinary mail to the last known residence or prison and also to the last appearing lawyer. The resulting order must be served the same way.\n- **(3)** With leave from a Court of Appeals judge under **§ 460.20(3)(b)**, an intermediate appellate dismissal may be appealed under **§ 460.10(4)** as legally invalid or an abuse of discretion; the Court of Appeals must **affirm or reverse** it. ★", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/470.60", "publisher": "Elyphived LLC"}