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.
- 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)
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.
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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?
- 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.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- 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.
- 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)
| Provision | Purpose |
|---|---|
| CPLR 5513(c) | The particular actor, event, period and required act |
| CPLR 2103 | Ordinary method |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Ordinary method |
| General Construction Law 20, event-day exclusion | Event-day exclusion |
| General Construction Law 30, corresponding calendar month | Corresponding month day and shorter-month end |
| General Construction Law 58, statutory year | Statutory year and leap-year treatment |
| General Construction Law 24, public holidays | Statutory public holidays |
| General Construction Law 25-a, closed final day | Closed final statutory day |
| Election Law 8-100(1)(c), general election day | General election day |