Section 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.