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New York notice of appeal deadline
In New York, an appeal as of right must be taken within 30 days after service of the order or judgment appealed from, together with written notice of its entry (CPLR 5513(a)).
Estimates based on standard New York rules and court-holiday closures; not legal advice. Confirm against your specific case, local administrative orders, and the current rules.
How the deadline works
Under CPLR 5513(a), the time to take an appeal as of right is 30 days after service upon the appellant of a copy of the order or judgment appealed from and written notice of its entry. The clock runs from service of notice of entry — not from the decision date or the date you learn of it. If the appellant served the notice of entry, a different (often shorter) computation can apply.
A deadline landing on a weekend or court holiday rolls to the next business day. Because the time to appeal is strictly enforced, confirm the date of service of notice of entry against the record and calendar it conservatively.
- Notice of entry, not the decision The 30 days run from service of the order/judgment with written notice of entry, under CPLR 5513(a).
- Strictly enforced A late notice of appeal generally cannot be heard. Treat the deadline as firm.
Questions
- How long do I have to file a notice of appeal in New York?
- 30 days from service of the order or judgment with written notice of entry, under CPLR 5513(a).
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