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United States · New York civil procedure

How much time does an adverse notice of appeal leave?

CPLR 5513(c) uses ten days after adverse notice service or the ordinary appeal or permission period, whichever is longer, if otherwise available.

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Period
Variable or combined statutory windows
Trigger
Both adverse notice service and the event starting the ordinary appeal or permission period
Rule
CPLR 5513(c)
CPLR 5513(c)

Current official provision, website revision from 2014-09-22. Reviewed. A revision label is not an inferred effective date.

Source guide · No automated date

How much time does an adverse notice of appeal leave?

The one-input ten-day preset cannot compare the adverse-service period with the ordinary appeal or permission deadline, including its own event and method.

CPLR 5513(c)

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Which event starts the CPLR 5513(c) requirement?

Retain the adverse notice or motion and service proof.

Establish the ordinary subdivision (a) or (b) period, including qualifying notice of entry and any statutory method addition.

Responsible actor. The party served with an adverse appeal notice or permission-motion papers. An otherwise available cross-appeal or permission motion. Both candidate periods and service methods must be established.

CPLR 5513(c)

Which separate windows or schedule must be established?

  1. Retain the adverse notice or motion and service proof.
  2. Establish the ordinary subdivision (a) or (b) period, including qualifying notice of entry and any statutory method addition.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. Compare the two completed periods and use the later boundary. Then take the appeal or make the proper permission motion through its required service and filing.

The one-input ten-day preset cannot compare the adverse-service period with the ordinary appeal or permission deadline, including its own event and method.

CPLR 5513(c)

Why does one date not resolve this requirement?

Fictitious comparison. Two parties receive an adverse notice on the same day. Different earlier notice-of-entry service dates can leave different longer ordinary periods.

The one-input ten-day preset cannot compare the adverse-service period with the ordinary appeal or permission deadline, including its own event and method.

Which facts change this requirement?

Longer controls
Ten days is not a universal shortened deadline. An unexpired longer ordinary period remains available.
Available procedure
The comparison does not create an appeal or permission motion where none is otherwise available.
Ordinary method
Subdivision (d) and CPLR 2103 can affect the ordinary notice-of-entry period.
Combined procedure or actual schedule
The one-input ten-day preset cannot compare the adverse-service period with the ordinary appeal or permission deadline, including its own event and method.
CPLR 5513(c)
  • An otherwise available cross-appeal or permission motion. Both candidate periods and service methods must be established.
  • The one-input ten-day preset cannot compare the adverse-service period with the ordinary appeal or permission deadline, including its own event and method.

Which completed acts and evidence should be retained?

Questions about CPLR 5513(c)

How much time does an adverse notice of appeal leave?

Does the adverse appeal always reduce my time to ten days?

No. The statute expressly preserves the longer ordinary period.

CPLR 5513(c)

Can one service date establish the later boundary?

Not generally. The ordinary notice-of-entry event may differ from adverse notice service.

CPLR 5513(c)

Is this the cross-appeal brief schedule?

No. Briefing follows separate Appellate Division rules after appeals are taken.

CPLR 5513(c)

Official procedural, counting and completion sources

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
CPLR 5513(c)The particular actor, event, period and required act
CPLR 2103Ordinary method
22 NYCRR 202.5-b(d), (f), (h), (i)Branch-specific service or filing completion
CPLR 2103, party-paper service and specified method additionsOrdinary method
General Construction Law 20, event-day exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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