United States · New York civil procedure
When must process be served if the limitation period is four months or less?
For the qualifying short-limitation branch, CPLR 306-b requires service within 15 days after limitations expiry. Election Law proceedings are excluded.
- Period
- 15 calendar days
- Trigger
- Independently established expiry of the applicable limitation period of four months or less
- Rule
- CPLR 306-b
Current official section, website revision from 2026-04-24, reviewed. The revision label is not an inferred effective date.
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Which event starts the CPLR 306-b period?
Establish the actual applicable limitation period and its expiry using the governing claim or proceeding provision. The filing date is not a substitute for expiry.
Confirm that the case falls within CPLR 306-b’s short-limitation branch and is not an Election Law proceeding. The calculation does not decide timely commencement, accrual, tolling or the proper respondent.
Responsible actor. The plaintiff or petitioner responsible for service in the qualifying action or proceeding. An independently established limitation period of four months or less and its actual expiry only. Election Law proceedings, disputed accrual or tolls, invalid commencement, third-party practice and court extensions are excluded.
CPLR 306-bHow is this service or filing period counted?
- Establish the actual applicable limitation period and its expiry using the governing claim or proceeding provision. The filing date is not a substitute for expiry.
- Confirm that the case falls within CPLR 306-b’s short-limitation branch and is not an Election Law proceeding. The calculation does not decide timely commencement, accrual, tolling or the proper respondent.
- Exclude the established event day and count 15 calendar days forward. Intermediate weekends and public holidays count. General Construction Law 25-a permits the next succeeding business day for a closed final statutory day.
- Complete valid service of the required initiating papers by the separately calculated service boundary. Preserve the actual commencement record, limitation analysis, service evidence and any granted extension.
General Construction Law 20 excludes the established event day. Intermediate Saturdays, Sundays and public holidays count in these fifteen-, twenty-, sixty- and 120-day calendar periods. Section 25-a permits the next succeeding business day for a closed final statutory day and expressly includes a period before which an act is required. The backward notice-to-admit boundary still requires the actual trial date and separate opening condition.
The independently derived 2026 and 2027 calendar follows General Construction Law 24 and Election Law 8-100. It includes Lincoln’s Birthday, Flag Day on the second Sunday in June, Juneteenth, general election day and the other specified holidays. Section 24 adds the next day when a listed holiday falls on Sunday, except Flag Day. A Saturday holiday is not automatically observed on Friday under this provision. Additional appointed holidays and actual court or system closures require separate proof.
These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
General Construction Law 20, calendar days and exact two-day exceptionWhat does the independently derived example establish?
Fictitious example
An independently established limitation period of four months or less and its actual expiry only. Election Law proceedings, disputed accrual or tolls, invalid commencement, third-party practice and court extensions are excluded. Fictitious established event on the input date. An independently established limitation period of four months or less and its actual expiry only. Election Law proceedings, disputed accrual or tolls, invalid commencement, third-party practice and court extensions are excluded.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Independently established expiry of the applicable limitation period of four months or less | September 1, 2026 |
| Disclosed statutory component | 15 calendar days | Wednesday, September 16, 2026 |
Fictitious established facts. The result does not prove valid service, the required exception, actual filing, preserved jurisdiction or a granted court extension. The applicable hour and actual court directions remain separate checks.
Try these dates in the calculatorWhich facts change this procedural requirement?
- Election Law exception
- The statute expressly excludes a proceeding commenced under the Election Law from this short-limitation branch. Do not apply this fifteen-day preset to an election proceeding.
- Expiry is not filing
- The fifteen days run from the date on which the applicable limitation period expires. Earlier filing does not change that selected triggering event.
- Commencement still matters
- Service within this branch does not prove that the action or petition was timely and properly commenced under CPLR 304. Preserve both events.
- Court relief
- A granted good-cause or interest-of-justice extension requires an actual court decision. Braun treats the two standards separately; this preset grants neither.
- Edition and calendar coverage
- These calculators cover established events and final dates within January 1, 2026 through December 31, 2027. They require the disclosed statutory branch, independently valid service, no unsupported method addition, no different actual court order and no additional closure. The backward notice-to-admit preset requires an actual open-day trial date and an independently established opening condition. Earlier editions, the 2020 executive-order toll and dates beyond the retained calendar require separate review and receive no computed or paid date. This software coverage boundary does not establish that an actual act is late.
- An independently established limitation period of four months or less and its actual expiry only. Election Law proceedings, disputed accrual or tolls, invalid commencement, third-party practice and court extensions are excluded.
- The selected date supplies only the disclosed statutory branch. It does not validate the facts or authorize an unmodeled alternative.
Which documents, completed acts and proof should be retained?
Questions about CPLR 306-b
When must process be served if the limitation period is four months or less?
May I enter my petition filing date?
Only if that date independently equals the established limitations expiry. Filing itself is not the statutory trigger for this branch.
CPLR 306-bDoes every four-month proceeding receive these fifteen days?
Election Law proceedings are expressly excepted. Establish the applicable statute and procedure before selecting this branch.
CPLR 306-bDoes this calculator determine when my claim accrued?
No. The limitation expiry is an independently established input. Section 306-b does not determine the underlying claim’s accrual or tolling.
CPLR 306-bOfficial New York procedural, counting and filing sources
Provisions used (9)
| Provision | Purpose |
|---|---|
| CPLR 306-b | The particular actor, event, period and required act |
| CPLR 304 | Commencement still matters |
| State of New York Mtge. Agency v Braun, 182 AD3d 63, 66-67 (2020) | Court relief |
| General Construction Law 20, calendar days and exact two-day exception | Event-day exclusion and intermediate calendar days |
| General Construction Law 24, public holidays | Statutory public holidays and Sunday observance |
| General Construction Law 25-a, next succeeding business day | Closed final statutory day and next succeeding business day |
| Election Law 8-100(1)(c), general election day | General election day in the statutory calendar |
| CPLR 2103, valid service and specified response additions | Valid delivery and conditional method additions |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Electronic filing and participating-party service events; initial service remains separate |