Unless the court orders otherwise, if the time for making a motion for a new trial or for taking an appeal or for making a motion for permission to appeal or for taking any other procedural step in the action has not expired before the occurrence of an event permitting substitution of a party, the period is extended as to all parties until fifteen days after substitution is made, or, in case of dismissal of the action under section 1021, is extended as to all parties until fifteen days after such dismissal.
§ 1022.Substitution: extension of time for taking procedural steps
Article 10. Parties Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1022 automatically extends deadlines for post-trial motions, appeals, and other procedural steps until fifteen days after a required substitution is made, or fifteen days after a dismissal under CPLR 1021, unless the court orders otherwise.
Full Text of CPLR 1022
Plain-English Summary
An event that triggers substitution can land in the middle of a deadline -- the time to move for a new trial, take an appeal, or seek permission to appeal doesn't stop running just because a party died or lost capacity. CPLR 1022 keeps that deadline from expiring while the substitution process plays out.
If the deadline for any procedural step hasn't already run out before the event permitting substitution occurs, the rule extends it for every party in the case until fifteen days after substitution is made. That extension isn't limited to the party being substituted; it covers everyone in the litigation, since a substitution can affect how any side wants to proceed.
The rule also covers what happens if substitution never gets made and the action is dismissed under CPLR 1021 instead -- the same fifteen-day extension applies, running from the date of that dismissal. Both extensions apply unless the court orders otherwise, leaving room for a judge to set a different timetable when the case calls for it.
Frequently Asked Questions
Does a party's death extend appeal deadlines in New York?
Yes. CPLR 1022 extends the time for taking an appeal, or any other procedural step, until fifteen days after substitution is made, if the deadline hadn't already expired when the event requiring substitution occurred.
Who benefits from the deadline extension under CPLR 1022?
The extension applies to all parties in the action, not just the party connected to the substitution, since the rule extends the period for everyone in the case.
What if a case is dismissed under CPLR 1021 instead of substituted?
CPLR 1022 still extends procedural deadlines, in that case running fifteen days from the date of the dismissal rather than from a substitution.
Can a New York court set a different deadline than the one in CPLR 1022?
Yes. CPLR 1022 applies unless the court orders otherwise, so a judge retains discretion to set a different timetable for procedural steps affected by substitution.
What procedural deadlines does CPLR 1022 extend?
It covers the time for making a motion for a new trial, taking an appeal, moving for permission to appeal, or taking any other procedural step in the action.
Advisory Committee Notes
See CPA § 99. This section deals with the tolling of procedural limitations (not the statute of limitations), until there is an opportunity for substitution. It recognizes that time will be necessary for qualification of successors. Furthermore, the rule covers both the situation where the successor will be the moving party and that in which the other parties take the initiative. Whoever would be prejudiced by failure to substitute must take the laboring oar or run the risk of a dismissal under § 1021. The court has been given discretion to limit the extension of time for taking action. This will permit the court to prevent unnecessary delays.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: CPLR 1022 New Yorkextension of time substitution New Yorkappeal deadline extended party died New Yorkfifteen day extension substitution CPLRdeadline extension after dismissal CPLR 1021procedural step deadline party death New YorkNew York civil procedure substitution deadline