This is called a dismissal without prejudice. There are three ways to deliver legal papers to start a case.The court has placed the most commonly used forms on line as a resource. Please be advised that the forms detailed below are intended to be a guide. A without prejudice letter is a communication between the parties, made for the purpose of settling a dispute. When you get to the Appellate Term, you will have to fill out an Affidavit in Support of your request to the Appellate Term.