N.Y. CPLR § 5520

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5520 Omissions; appeal by improper method § 5520. Omissions; appeal by improper method. (a) Omissions. If anappellant either serves or files a timely notice of appeal or notice ofmotion for permission to appeal, but neglects through mistake orexcusable neglect to do another required act within the time limited,the court from or to which the appeal is taken or the court of originalinstance may grant an extension of time for curing the omission.(b) Appeal by permission instead of as of right. An appeal taken bypermission shall not be dismissed upon the ground that the appeal wouldlie as of right and was not taken within the time limited for an appealas of right, provided the motion for permission was made within the timelimited for taking the appeal.(c) Defects in form. Where a notice of appeal is premature or containsan inaccurate description of the judgment or order appealed from, theappellate court, in its discretion, when the interests of justice sodemand, may treat such a notice as valid.