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New York Notice of Appeal

New York's clock starts when someone serves the judgment with notice of entry, not when the judgment is entered, and the statute leaves almost no room to extend it.

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Introduction

In New York, you generally have 30 days to file a notice of appeal from a final civil judgment, and the clock runs from service, not entry: CPLR 5513(a) starts the 30 days on the earliest of the date a party other than you serves you with a copy of the judgment and written notice of its entry, or the date you yourself serve a copy of the judgment and notice of entry on another party. Entering the judgment alone does not start the clock, and 5 extra days are added when that service is by mail. CPLR 5513 contains no provision tolling or restarting the 30 days for a post-trial motion, and CPLR 5514(c) makes New York's no-extension rule almost absolute: no extension of time to appeal is available except a 60-day window after an attorney's death, removal, suspension, or incapacity, a separate rule for the death of a party, and CPLR 5520, which lets a court excuse an omitted act in an appeal that was already timely taken but does not extend the deadline to file the notice. You file the notice with the clerk of the trial court where the judgment was entered, not the appellate court, and you must also serve it on the adverse party; CPLR 5515(1) treats serving and filing together as how the appeal is taken. Depending on the trial court, the appeal goes to the Appellate Division of the Supreme Court in one of New York's four Judicial Departments, or, for a New York City Civil Court judgment, to the Appellate Term where one has been established. Filing costs $65 payable to the county clerk in advance (CPLR 8022(a); confirm the current fee with the clerk), with a separate $315 fee owed later to perfect the appeal. Filing or serving the notice does not by itself stop collection of the judgment; a stay generally requires an undertaking under CPLR 5519. Small claims in New York City Civil Court follow a different, narrower route, described below. This page covers an appeal from a final civil judgment only; criminal, administrative agency, federal court, and interlocutory appeals from a non-final order follow separate rules. Attorney review is available before you file.

Key Things to Know

  1. 1

    You have 30 days to file a notice of appeal in New York, and the clock starts on the earliest of two service events: a party other than you serving you with a copy of the judgment and written notice of its entry, or you yourself serving a copy and notice of entry on another party (CPLR 5513(a)). Entry of the judgment alone does not start the clock, and CPLR 5513 has no provision tolling or restarting the 30 days for a post-trial motion.

  2. 2

    New York's no-extension rule is close to absolute. CPLR 5514(c) allows no extension of the time to appeal except a 60-day window triggered by an attorney's death, removal, suspension, or incapacity (CPLR 5514(b)), a separate rule for the death of a party (CPLR 1022), and a rule letting a court excuse an omitted act on an already-timely notice (CPLR 5520), which does not extend the deadline to file the notice itself.

  3. 3

    File the notice with the clerk of the trial court where the judgment was entered, not with the appellate court, and serve it on the adverse party; CPLR 5515(1) treats serving and filing together as how the appeal is taken. The appeal goes to the Appellate Division of the Supreme Court in your Judicial Department, or, for a New York City Civil Court judgment, to the Appellate Term where one has been established (CCA 1701).

  4. 4

    CPLR 5515(1) requires the notice to designate the party taking the appeal, identify the judgment or order, or the specific part of it, being appealed, and name the court the appeal is taken to. This document is drafted to include those contents.

  5. 5

    Filing a notice of appeal costs $65, payable to the county clerk in advance (CPLR 8022(a); confirm the current fee with the clerk). A separate $315 fee is owed later, when the record or statement in lieu of record is filed to perfect the appeal, plus $45 per motion in the appellate court (CPLR 8022(b)).

  6. 6

    Filing or serving the notice of appeal does not by itself stop collection of a money judgment. A stay generally requires an undertaking under CPLR 5519(a)(2), or a discretionary stay the court grants under CPLR 5519(c).

  7. 7

    A small claims appeal in New York City Civil Court is not a new trial. Either party may appeal, but only on the ground that substantial justice was not done (CCA 1807), and it runs on its own 30-day clock, 35 days if served by mail, measured from service of a copy of the judgment alone, with no separate notice of entry required (CCA 1703(b)).

Key decisions before you file

Before you file a Notice of Appeal in New York, a few decisions shape the document: which option to choose and what each one means. The Notice of Appeal guide walks through them.

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New York Requirements for Notice of Appeal

  • 30-Day Deadline Runs From Service, Not Entry

    CPLR 5513(a) starts the 30-day appeal clock on the earliest of a party other than the appellant serving the appellant with a copy of the judgment and written notice of its entry, or the appellant's own service of a copy and notice of entry on another party. Entry of the judgment alone does not start the clock, and 5 extra days are added when service is by mail.

  • No Tolling for Post-Trial Motions

    CPLR 5513 contains no provision tolling or restarting the 30-day appeal clock for a post-trial motion. CPLR 5514(a) only addresses time running from the dismissal or denial of an earlier appeal or permission motion when another method of appeal remains available.

  • Notice of Appeal Deadline Is Almost Never Extended

    CPLR 5514(c) allows no extension of the time to appeal except a 60-day window after an attorney's death, removal, suspension, or incapacity (CPLR 5514(b)), a separate rule for the death of a party (CPLR 1022), and a rule letting a court excuse an omitted act on a notice that was already filed on time (CPLR 5520), which does not extend the filing deadline itself.

  • File With the Trial Court Clerk, Not the Appellate Court

    CPLR 5515(1) requires the notice of appeal to be filed in the office where the judgment or order of the trial court was entered, not with the appellate court that will hear the appeal.

  • Notice Must Be Served on the Adverse Party

    CPLR 5515(1) describes taking an appeal as serving the notice of appeal on the adverse party and filing it, treating both acts together as how the appeal is taken.

  • Required Contents of the Notice

    CPLR 5515(1) requires the notice to designate the party taking the appeal, the judgment or order, or the specific part of it, appealed from, and the court to which the appeal is taken.

  • Filing Fee and Later Perfection Fee

    The county clerk charges $65, payable in advance, to file a notice of appeal (CPLR 8022(a)); confirm the current fee with the clerk. A separate $315 fee is owed later to the appellate clerk to perfect the appeal, plus $45 per motion or cross-motion in the appellate court (CPLR 8022(b)).

  • Filing Does Not Stay Enforcement

    Filing or serving a notice of appeal does not by itself stay enforcement of a money judgment. A stay generally requires an undertaking under CPLR 5519(a)(2), or a discretionary stay the court grants under CPLR 5519(c).

  • Small Claims Appeal Is Limited to Substantial Justice

    Under CCA 1807, either party to a New York City Civil Court small claim may appeal, but only on the ground that substantial justice has not been done. CCA 1703(b) runs that appeal on its own 30-day clock, 35 days by mail, from service of a copy of the judgment alone, with no separate notice of entry required.

Frequently Asked Questions