(b) Time to move for permission to appeal. The time within which a
motion for permission to appeal must be made shall be computed from the
date of service by a party upon the party seeking permission of a copy
of the judgment or order to be appealed from and written notice of its
entry, or, where permission has already been denied by order of the
court whose determination is sought to be reviewed, of a copy of such
order and written notice of its entry, except that when such party
seeking permission to appeal has served a copy of such judgment or order
and written notice of its entry, the time shall be computed from the
date of such service. A motion for permission to appeal must be made
within thirty days.
(c) Additional time where adverse party takes appeal or moves for
permission to appeal. A party upon whom the adverse party has served a
notice of appeal or motion papers on a motion for permission to appeal
may take an appeal or make a motion for permission to appeal within ten
days after such service or within the time limited by subdivision (a) or
(b) of this section, whichever is longer, if such appeal or motion is
otherwise available to such party.
(d) Additional time where service of judgment or order and notice of
entry is served by mail or overnight delivery service. Where service of
the judgment or order to be appealed from and written notice of its
entry is made by mail pursuant to paragraph two of subdivision (b) of
rule twenty-one hundred three or by overnight delivery service pursuant
to paragraph six of subdivision (b) of rule twenty-one hundred three of
this chapter, the additional days provided by such paragraphs shall
apply to this action, regardless of which party serves the judgment or
order with notice of entry.
Structure New York Laws
CVP - Civil Practice Law and Rules
Article 55 - Appeals Generally
5511 - Permissible Appellant and Respondent.
5512 - Appealable Paper; Entry of Order Made Out of Court.
5513 - Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal.
5514 - Extension of Time to Take Appeal or to Move for Permission to Appeal.
5515 - Taking an Appeal; Notice of Appeal.
R5516 - Motion for Permission to Appeal.
5518 - Preliminary Injunction or Temporary Restraining Order by Appellate Division.
5520 - Omissions; Appeal by Improper Method.
R5522 - Disposition of Appeal.
R5524 - Entry of Order; Remittitur and Further Proceedings.
R5525 - Preparation and Settlement of Transcript; Statement in Lieu of Transcript.
R5526 - Content and Form of Record on Appeal.
R5527 - Statement in Lieu of Record on Appeal.
R5528 - Content of Briefs and Appendices.
R5529 - Form of Briefs and Appendices.
R5530 - Filing Record and Briefs; Service of Briefs.