United States · New York civil procedure
When must a New York civil notice of appeal be served and filed?
CPLR 5513(a) ordinarily gives thirty days after party service of the judgment or order with written notice of entry. The appellant’s own service also starts time.
- Period
- 30 days
- Trigger
- Valid personal party service of the judgment or order with written notice of entry
- Rule
- CPLR 5513(a), (d)
Current official provision, website revision from 2014-09-22. Reviewed. A revision label is not an inferred effective date.
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Which event starts the CPLR 5513(a), (d) requirement?
Confirm the judgment or order is appealable as of right and the party is aggrieved.
Retain the copy, written notice of entry and valid personal-service record. Account for the appellant’s own service if it occurred first.
Responsible actor. The aggrieved party taking an otherwise available civil appeal as of right. An otherwise available civil appeal under CPLR 5513(a), valid personal service and no alternative statutory extension.
CPLR 5513(a), (d)How is the stated statutory period counted?
- Confirm the judgment or order is appealable as of right and the party is aggrieved.
- Retain the copy, written notice of entry and valid personal-service record. Account for the appellant’s own service if it occurred first.
- Exclude the established event day and count every intermediate calendar day under GCL 20.
- Take the appeal under CPLR 5515 by serving the notice on the adverse party and filing it in the office where the appealed judgment or order was entered. Preserve both acts.
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.
General Construction Law 20, event-day exclusionWhat does the independently derived example establish?
Fictitious example
An otherwise available civil appeal under CPLR 5513(a), valid personal service and no alternative statutory extension. Fictitious established facts. An otherwise available civil appeal under CPLR 5513(a), valid personal service and no alternative statutory extension.
| Step | What is counted | Date |
|---|---|---|
| Established procedural event | Valid personal party service of the judgment or order with written notice of entry | September 1, 2026 |
| Disclosed statutory component | 30 days | Thursday, October 1, 2026 |
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.
Try these dates in the calculatorWhich facts change this requirement?
- Own service
- The appellant’s service of the copy with written notice of entry also starts its thirty days.
- Method additions
- Section 5513(d) expressly recognizes the specified CPLR 2103 mail and overnight additions. This personal-service preset does not apply them.
- Taking versus perfecting
- The notice service and filing take the appeal. Appellate Division perfection has a separate clock.
- 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.
- An otherwise available civil appeal under CPLR 5513(a), valid personal service and no alternative statutory extension.
- Use only the disclosed statutory component. Establish every omitted branch separately.
Which completed acts and evidence should be retained?
Questions about CPLR 5513(a), (d)
When must a New York civil notice of appeal be served and filed?
Does the judgment’s date start this period automatically?
The disclosed branch starts on valid party service of the copy with written notice of entry.
CPLR 5513(a), (d)Can I file the notice without serving it?
CPLR 5515 requires both service on the adverse party and filing in the proper entry office.
CPLR 5515Does receiving an adverse notice always leave only ten days?
Section 5513(c) compares ten days with the ordinary appeal or permission period and uses the longer.
CPLR 5513(a), (d)Official procedural, counting and completion sources
Provisions used (11)
| Provision | Purpose |
|---|---|
| CPLR 5513(a), (d) | The particular actor, event, period and required act |
| CPLR 2103 | Method additions |
| CPLR 5515 | Taking versus perfecting |
| 22 NYCRR 202.5-b(d), (f), (h), (i) | Branch-specific service or filing completion |
| CPLR 2103, party-paper service and specified method additions | Method additions |
| 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 |