What is the five-year outside limit on CPLR 317 relief?

Retain the actual judgment-entry record. Do not use service or when the judgment was learned of as this outside-cap trigger.

Calculate the one-year knowledge boundary separately. Use the earlier boundary when assessing an actual application.

Responsible actor. The eligible CPLR 317 applicant checking only the outside entry cap. Only CPLR 317’s five-year outside cap. Independently check the earlier one-year knowledge boundary and every eligibility condition.

1. Retain the actual judgment-entry record. Do not use service or when the judgment was learned of as this outside-cap trigger.
2. Calculate the one-year knowledge boundary separately. Use the earlier boundary when assessing an actual application.
3. Use twelve calendar months for each year under GCL 58 and the corresponding-day rule in GCL 30.
4. Apply through the court’s required procedure before both boundaries. This result identifies only the outside cap and does not assert the application is timely.

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

Only CPLR 317’s five-year outside cap. Independently check the earlier one-year knowledge boundary and every eligibility condition. Fictitious established facts. Only CPLR 317’s five-year outside cap. Independently check the earlier one-year knowledge boundary and every eligibility condition.

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.

Earlier knowledge year

The one-year period after knowledge of entry remains applicable and can end much sooner.

Eligibility findings

Nonpersonal delivery, no appearance, no timely personal notice and a meritorious defense remain required.

Action exclusions

Divorce, annulment and partition are excluded.

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.

• Only CPLR 317’s five-year outside cap. Independently check the earlier one-year knowledge boundary and every eligibility condition.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Retain the actual judgment-entry record. Do not use service or when the judgment was learned of as this outside-cap trigger.
• Calculate the one-year knowledge boundary separately. Use the earlier boundary when assessing an actual application.
• Apply through the court’s required procedure before both boundaries. This result identifies only the outside cap and does not assert the application is timely.
• The one-year period after knowledge of entry remains applicable and can end much sooner.
• Nonpersonal delivery, no appearance, no timely personal notice and a meritorious defense remain required.
• Divorce, annulment and partition are excluded.
• 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.