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; divorce actions; 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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