When is an Article 78 answer due after a dismissal motion is denied?

Retain the timely dismissal motion and actual denial order. Read the answer terms before selecting this default branch.

Preserve valid personal service of the order with notice of entry. Do not use entry alone or the decision date.

Responsible actor. The respondent whose timely Article 78 dismissal motion was denied. A denied timely Article 78 dismissal motion, valid personal service with notice of entry and no different answer time in the order.

1. Retain the timely dismissal motion and actual denial order. Read the answer terms before selecting this default branch.
2. Preserve valid personal service of the order with notice of entry. Do not use entry alone or the decision date.
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Both serve and file the verified answer within the period, with the required record and supporting proof. Establish any renoticed hearing separately.

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

A denied timely Article 78 dismissal motion, valid personal service with notice of entry and no different answer time in the order. Fictitious established facts. A denied timely Article 78 dismissal motion, valid personal service with notice of entry and no different answer time in the order.

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.

Order controls

The five-day default applies unless the order specifies otherwise.

Renoticing

The petitioner’s two-day and respondent’s seven-day renoticing options are separate procedures, not automatic answer extensions.

Service method

The personal-service branch excludes unmodeled mail or overnight additions.

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.

• A denied timely Article 78 dismissal motion, valid personal service with notice of entry and no different answer time in the order.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Retain the timely dismissal motion and actual denial order. Read the answer terms before selecting this default branch.
• Preserve valid personal service of the order with notice of entry. Do not use entry alone or the decision date.
• Both serve and file the verified answer within the period, with the required record and supporting proof. Establish any renoticed hearing separately.
• The five-day default applies unless the order specifies otherwise.
• The petitioner’s two-day and respondent’s seven-day renoticing options are separate procedures, not automatic answer extensions.
• The personal-service branch excludes unmodeled mail or overnight additions.
• 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.