N.Y. CPLR § 5513

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5513 Time to take appeal, cross-appeal or move for permission toappeal § 5513. Time to take appeal, cross-appeal or move for permission toappeal. (a) Time to take appeal as of right. An appeal as of right mustbe taken within thirty days after service by a party upon the appellantof a copy of the judgment or order appealed from and written notice ofits entry, except that when the appellant has served a copy of thejudgment or order and written notice of its entry, the appeal must betaken within thirty days thereof.(b) Time to move for permission to appeal. The time within which amotion for permission to appeal must be made shall be computed from thedate of service by a party upon the party seeking permission of a copyof the judgment or order to be appealed from and written notice of itsentry, or, where permission has already been denied by order of thecourt whose determination is sought to be reviewed, of a copy of suchorder and written notice of its entry, except that when such partyseeking permission to appeal has served a copy of such judgment or orderand written notice of its entry, the time shall be computed from thedate of such service. A motion for permission to appeal must be madewithin thirty days.(c) Additional time where adverse party takes appeal or moves forpermission to appeal. A party upon whom the adverse party has served anotice of appeal or motion papers on a motion for permission to appealmay take an appeal or make a motion for permission to appeal within tendays after such service or within the time limited by subdivision (a) or(b) of this section, whichever is longer, if such appeal or motion isotherwise available to such party.(d) Additional time where service of judgment or order and notice ofentry is served by mail or overnight delivery ever is longer, if such appeal or motion isotherwise available to such party.(d) Additional time where service of judgment or order and notice ofentry is served by mail or overnight delivery service. Where service ofthe judgment or order to be appealed from and written notice of itsentry is made by mail pursuant to paragraph two of subdivision (b) ofrule twenty-one hundred three or by overnight delivery service pursuantto paragraph six of subdivision (b) of rule twenty-one hundred three ofthis chapter, the additional days provided by such paragraphs shallapply to this action, regardless of which party serves the judgment ororder with notice of entry.