Appeals

How Much Time Do I Have To Appeal As Of Right From An Order Or Judgment Of A State Trial Court In New York?

Under N.Y. C.P.L.R. 5513(a), an appeal as of right to New York's Appellate Division must be taken within thirty days after the appellant has been served with a copy of the objected-to order or judgment, with notice of its entry. The thirty days will not begin to run until that service. It does not matter that the appellant is aware of the entry from other sources.

Most often, it is the winner who serves the order or judgment, with notice of entry, on the losing party. An exclusion from the rule that the winning party’s service on the loser commences the time to appeal is where the loser himself serves the order or judgment with notice of entry. If the losing party serves the order or judgment with notice of entry on the winner, then the losing party’s thirty days to appeal commence from that date. N.Y. C.P.L.R. 5513(a).

Pursuant to N.Y. C.P.L.R. 5514(b), if the lawyer for the aggrieved party dies, is removed or suspended, or becomes mentally or physically incapacitated or in other respects disabled during the thirty days, then the time in which to appeal as of right is extended to 60 days from the time of death, removal or suspension, or commencement of the lawyer's incapacity or disability.

At the Law Offices of David S. Rich, LLC, we have substantial experience representing clients on appeal in, among other matters, an adversary proceeding in a bankruptcy case; a divorce action; a discriminatory discharge, retaliatory discharge, and sexual harassment action; an ERISA action to recover health benefits; and a special proceeding challenging a government agency's action.

How Much Time Do I Have To Appeal As Of Right From An Order Or Judgment Of A State Trial Court In New Jersey?

Under N.J. Ct. R. 2:4-1(a), an appeal as of right to New Jersey’s Appellate Division must be taken within forty-five days after the trial court’s objected-to order or judgment is entered pursuant to N.J. Ct. R. 4:47. The forty-five days will not begin to run until that entry. It does not matter that the Superior Court has rendered an oral opinion or a written opinion deciding the case.

N.J. Ct. R. 2:4-3 provides that if, during the forty-five days, the aggrieved litigant dies or the aggrieved litigant’s lawyer dies, is suspended, resigns, or is disbarred, then the period in which to take the appeal as of right is extended to forty-five days from the time of death, suspension, resignation, or disbarment.

Upon application and upon a showing of good cause and the lack of prejudice, New Jersey’s Appellate Division may lengthen the time within which to appeal from an order or judgment of the Superior Court for a period of not more than thirty days, but only if the notice of appeal or notice of certification was in fact filed and served within the time as extended. N.J. Ct. R. 2:4-4(a).

New Jersey’s Appellate Division’s power to extend the time for appeal differs sharply from practice in the state courts of New York. In New York, with only a few limited exceptions, “No extension of time shall be granted for taking an appeal or for moving for permission to appeal.” N.Y. C.P.L.R. 5514(c).

Mr. Rich has represented clients on appeal in, among other matters, an adversary proceeding in a bankruptcy case; a divorce action; a discriminatory discharge, retaliatory discharge, and sexual harassment action; an ERISA action to recover health benefits; and a special proceeding challenging a government agency’s action.

Contact the Law Offices of David S. Rich, LLC to consult with a skilled appeals attorney about your appellate matter.

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