THE APPELLATE INSIDER BLOG

Home / Blogs / When Must a Notice of Appeal be Filed or Motion for Leave to Appeal be Made in a Civil Appeal in AT2?

When Must a Notice of Appeal be Filed or Motion for Leave to Appeal be Made in a Civil Appeal in AT2?

by | Sep 5, 2019

In most civil cases, a notice of appeal must be served upon the adverse parties and filed in the court where your case
originated within 30 days after service upon the appellant of a copy of the judgment or order to be appealed with
written notice of its entry, except that when the appellant has served a copy of the judgment or order with written
notice of its entry, the appeal must be taken within 30 days thereof (CPLR 5513[a]).

In small claim and commercial claim cases commenced in the New York City Civil Court, or in the District,
City and Justice courts outside of New York City, the 30-day period within which to take an appeal begins to run when
(1) the court served the order or judgment upon the appellant, (2) a party serves the order of judgment upon the appellant,
or (3) the appellant serves the order on the party, whichever occurs first (NYC Civil Court Act § 1703[a];
Uniform City Court Act § 1703[a]; Uniform District Court Act § 1703[a]).

A motion for permission to appeal must be made within the same time limits and, if permission to appeal has
already been denied by order of the trial court whose determination is sought to be reviewed, within 30 days
after service of that order and notice of its entry (CPLR 5513[b]).

Note: These periods are subject to extension based on the method of service (see, e.g., CPLR 2103[b][2], [6];
22 NYCRR 730.3[2][c]—if service is by mail, five days shall be added to the prescribed period; if service is by
overnight delivery, one day shall be added to the prescribed period). Moreover, if the last day of such a period
is a Saturday, Sunday, or a public holiday, service and filing may be made on the next business day
(General Construction Law § 25-a[1]; 22 NYCRR 730.3[d]).

Repost from: http://www.courts.state.ny.us/courts/ad2/AppellateTerm_faqs.shtml

Recent Posts

HOW TO PREPARE FOR ORAL ARGUMENT

ERIC J. KUPERMAN, ESQ. | Executive Vice President of Sales | PHP To effectively prepare for oral argument at the Appellate Division, numerous factors and considerations must be taken into account. Of course, those arguing an appeal must know the Appellate Division is...

Wednesday Wisdom

Sometimes filings contain errors on NYSCEF. If the clerk detects some defects in documents that have been e-filed, such as if papers for a different case are inadvertently attached the clerk may inform the filer and request that a corrected copy of those documents be...

Blog Categories