When must a motion for permission to appeal be made?

Identify whether the served document is the original determination or a proper denial of permission by the court whose determination is under review.

Retain the document, written notice of entry and valid personal service. Check the applicant’s own qualifying service.

Responsible actor. The party seeking otherwise available permission to appeal. CPLR 5513(b)’s established personal-service branch, with the proper leave court and document independently identified.

1. Identify whether the served document is the original determination or a proper denial of permission by the court whose determination is under review.
2. Retain the document, written notice of entry and valid personal service. Check the applicant’s own qualifying service.
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Make the permission motion in the correct court. Complete the applicable motion service and filing rather than assuming a notice of appeal supplies permission.

GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

Fictitious example

CPLR 5513(b)’s established personal-service branch, with the proper leave court and document independently identified. Fictitious established facts. CPLR 5513(b)’s established personal-service branch, with the proper leave court and document independently identified.

Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.

Proper denial

A qualifying lower-court denial order with notice of entry can supply the event specified in subdivision (b).

Own service and method

Own qualifying service starts time. Mail and overnight additions under subdivision (d) require separate inputs.

Available relief

The motion must otherwise be available. Section 5514(c) limits extensions rather than giving general discretionary extra time.

Edition and projected calendar

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

• CPLR 5513(b)’s established personal-service branch, with the proper leave court and document independently identified.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Identify whether the served document is the original determination or a proper denial of permission by the court whose determination is under review.
• Retain the document, written notice of entry and valid personal service. Check the applicant’s own qualifying service.
• Make the permission motion in the correct court. Complete the applicable motion service and filing rather than assuming a notice of appeal supplies permission.
• A qualifying lower-court denial order with notice of entry can supply the event specified in subdivision (b).
• Own qualifying service starts time. Mail and overnight additions under subdivision (d) require separate inputs.
• The motion must otherwise be available. Section 5514(c) limits extensions rather than giving general discretionary extra time.
• In the applicable Supreme Court NYSCEF program, preserve recorded transmission and the required fee event under rule 202.5-b(d). Participating-party service has its own notification event under (f). Initiating filing does not itself serve the respondent. The clerk’s entry notification is not party service of notice of entry under (h)(2). Check actual paper receipt, exemptions, emergency procedure and qualifying technical-failure directions separately.