§ 5513 — Time to take appeal, cross-appeal or move for permission to appeal

New York § 5513

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 55: Appeals Generally

Text

§ 5513. Time to take appeal, cross-appeal or move for permission to\nappeal. (a) Time to take appeal as of right. An appeal as of right must\nbe taken within thirty days after service by a party upon the appellant\nof a copy of the judgment or order appealed from and written notice of\nits entry, except that when the appellant has served a copy of the\njudgment or order and written notice of its entry, the appeal must be\ntaken within thirty days thereof.\n (b) Time to move for permission to appeal. The time within which a\nmotion for permission to appeal must be made shall be computed from the\ndate of service by a party upon the party seeking permission of a copy\nof the judgment or order to be appealed from and written notice of its\nentry, or, where permission has already been denied by order of the\ncourt whose determination is sought to be reviewed, of a copy of such\norder and written notice of its entry, except that when such party\nseeking permission to appeal has served a copy of such judgment or order\nand written notice of its entry, the time shall be computed from the\ndate of such service. A motion for permission to appeal must be made\nwithin thirty days.\n (c) Additional time where adverse party takes appeal or moves for\npermission to appeal. A party upon whom the adverse party has served a\nnotice of appeal or motion papers on a motion for permission to appeal\nmay take an appeal or make a motion for permission to appeal within ten\ndays after such service or within the time limited by subdivision (a) or\n(b) of this section, whichever is longer, if such appeal or motion is\notherwise available to such party.\n (d) Additional time where service of judgment or order and notice of\nentry is served by mail or overnight delivery service. Where service of\nthe judgment or order to be appealed from and written notice of its\nentry is made by mail pursuant to paragraph two of subdivision (b) of\nrule twenty-one hundred three or by overnight delivery service pursuant\nto paragraph six of subdivision (b) of rule twenty-one hundred three of\nthis chapter, the additional days provided by such paragraphs shall\napply to this action, regardless of which party serves the judgment or\norder with notice of entry.\n