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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.

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Period
30 days
Trigger
Valid personal party service of the judgment or order with written notice of entry
Rule
CPLR 5513(a), (d)
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?

  1. Confirm the judgment or order is appealable as of right and the party is aggrieved.
  2. Retain the copy, written notice of entry and valid personal-service record. Account for the appellant’s own service if it occurred first.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. 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 exclusion

What 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.

Example counting steps
StepWhat is countedDate
Established procedural eventValid personal party service of the judgment or order with written notice of entrySeptember 1, 2026
Disclosed statutory component30 daysThursday, October 1, 2026
Example resultThursday, 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.

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Which 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.
CPLR 5513(a), (d)
  • 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 5515

Does 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)
Provisions used in this guide
ProvisionPurpose
CPLR 5513(a), (d)The particular actor, event, period and required act
CPLR 2103Method additions
CPLR 5515Taking 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 additionsMethod additions
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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