When must an excusable-default motion be made in New York?

Retain the served judgment or order, written notice of entry and valid personal-service proof.

Confirm that excusable default is the requested ground and that the moving party did not itself enter the judgment or order.

Responsible actor. An interested person seeking excusable-default relief from the rendering court. The personal-service branch for excusable default only. The moving party did not enter the judgment or order itself.

1. Retain the served judgment or order, written notice of entry and valid personal-service proof.
2. Confirm that excusable default is the requested ground and that the moving party did not itself enter the judgment or order.
3. Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
4. Make the motion to the court that rendered the judgment or order, with the notice that court directs. A noticed motion requires completed service under CPLR 2211.

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

The personal-service branch for excusable default only. The moving party did not enter the judgment or order itself. Fictitious established facts. The personal-service branch for excusable default only. The moving party did not enter the judgment or order itself.

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.

Own entry

If the moving party entered the judgment or order, its own entry starts the one-year branch.

Different grounds

New evidence, fraud, jurisdiction and reversed foundational judgments appear separately in paragraphs two through five. Do not apply this clock to every ground.

Method and directions

This preset uses valid personal service. Unsupported method additions and the court-directed notice procedure require separate review.

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.

• The personal-service branch for excusable default only. The moving party did not enter the judgment or order itself.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Retain the served judgment or order, written notice of entry and valid personal-service proof.
• Confirm that excusable default is the requested ground and that the moving party did not itself enter the judgment or order.
• Make the motion to the court that rendered the judgment or order, with the notice that court directs. A noticed motion requires completed service under CPLR 2211.
• If the moving party entered the judgment or order, its own entry starts the one-year branch.
• New evidence, fraud, jurisdiction and reversed foundational judgments appear separately in paragraphs two through five. Do not apply this clock to every ground.
• This preset uses valid personal service. Unsupported method additions and the court-directed notice procedure require separate review.
• 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.