Sec. 731.8. Dismissal on the court’s own motion

(a) Unless an extension of time is granted in accordance with section 731.7(g) of this Part, an appeal in a civil action or proceeding which has not been perfected after having been on the general calendar for more than six months shall be deemed abandoned, and shall be subject to dismissal.

(b) Application to restore abandoned appeal.

When an appeal is deemed abandoned pursuant to subdivision (a) of this section, the chief clerk or a justice may grant reasonable extensions of time to perfect. An application pursuant to this subdivision shall be made by letter, addressed to the chief clerk, with a copy to the other parties to the appeal.

(c) Except as otherwise provided in CPL 460.70 and subject to the applicable provisions of CPL 470.60, and unless an extension of time is granted in accordance with section 731.7(g) of this Part, an appeal in a criminal action or proceeding which has not been perfected within six months of the taking of the appeal pursuant to CPL 460.10(1)(d) or CPL 460.10(3)(c) shall be dismissed.

(d) The chief clerk shall prepare a calendar of the appeals subject to dismissal for failure on the part of the appellant to perfect the same in compliance with this rule and with section 731.7 of this Part. Such dismissal calendar shall be published in the New York Law Journal at least five days prior to, as well as on the dismissal day. In a criminal action or proceeding, the chief clerk shall cause a notice to be mailed or emailed to the appellant or the appellant’s attorney five days prior to the first day of such publication.

(e) Motion to vacate dismissal.

When an appeal has been dismissed pursuant to subdivision (d) of this section or by order of the court for failure to perfect, a motion to vacate the dismissal may be made within one year of the date of the dismissal. In support of the motion, the movant shall submit an affidavit setting forth good cause for vacatur of the dismissal, an intent to perfect the appeal or proceeding within a reasonable time, and sufficient facts to demonstrate a meritorious appeal or proceeding.