(b) Appeal by permission instead of as of right. An appeal taken by
permission shall not be dismissed upon the ground that the appeal would
lie as of right and was not taken within the time limited for an appeal
as of right, provided the motion for permission was made within the time
limited for taking the appeal.
(c) Defects in form. Where a notice of appeal is premature or contains
an inaccurate description of the judgment or order appealed from, the
appellate court, in its discretion, when the interests of justice so
demand, may treat such a notice as valid.
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.