(a) Time to Take Appeal as of Right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.
§ 5513.Time to take appeal, cross-appeal or move for permission to appeal.
Article 55. Appeals Generally · Last amended 1999 · Last verified July 21, 2026
In one sentenceCPLR 5513 sets New York's appeal deadlines -- generally thirty days after service of the judgment or order with notice of entry -- for taking an appeal as of right or moving for permission to appeal, plus extra time for cross-appeals and mailed or overnight-delivered service.
Full Text of CPLR 5513
(b) Time to Move for Permission to Appeal. The time within which a motion for permission to appeal must be made shall be computed from the date of service by a party upon the party seeking permission of a copy of the judgment or order to be appealed from and written notice of its entry, or, where permission has already been denied by order of the court whose determination is sought to be reviewed, of a copy of such order and written notice of its entry, except that when such party seeking permission to appeal has served a copy of such judgment or order and written notice of its entry, the time shall be computed from the date of such service. A motion for permission to appeal must be made within thirty days.
(c) Additional Time Where Adverse Party Takes Appeal or Moves for Permission to Appeal. A party upon whom the adverse party has served a notice of appeal or motion papers on a motion for permission to appeal may take an appeal or make a motion for permission to appeal within ten days after such service or within the time limited by subdivision (a) or (b) of this section, whichever is longer, if such appeal or motion is otherwise available to such party.
(d) Additional Time Where Service of Judgment or Order and Notice of Entry Is Served by Mail or Overnight Delivery Service. Where service of the judgment or order to be appealed from and written notice of its entry is made by mail pursuant to paragraph two of subdivision (b) of rule twenty-one hundred three or by overnight delivery service pursuant to paragraph six of subdivision (b) of rule twenty-one hundred three of this chapter, the additional days provided by such paragraphs shall apply to this action, regardless of which party serves the judgment or order with notice of entry.
Plain-English Summary
Appeal deadlines in New York run from service, not from the date a judgment or order is signed or filed. Under CPLR 5513(a), an appeal as of right must be taken within thirty days after a party serves the appellant with a copy of the judgment or order and written notice of its entry. If the appellant is the one who serves that copy on the other side first, the clock starts then instead, so an appellant cannot sit on an unserved judgment indefinitely and still claim the full thirty days ran from someone else's service.
Subdivision (b) applies the same thirty-day framework to a motion for permission to appeal, measured from service of the judgment or order (or, if permission was already denied below, from service of that denial) with notice of entry. Subdivision (c) then gives a party on whom the adverse party has served a notice of appeal or permission-to-appeal papers extra room to respond: that party gets ten days after service, or whatever time subdivision (a) or (b) would otherwise allow, whichever period is longer.
Subdivision (d) folds in the extra days CPLR 2103 provides when notice of entry is served by mail or overnight delivery, so those additional days apply to the deadlines in this section regardless of which side did the serving. Courts have treated the thirty-day period as strict, and only a party's own service of the judgment or order with notice of entry (not the court's or the clerk's) starts the clock running under subdivision (a).
Frequently Asked Questions
How long do I have to file an appeal in New York?
In most cases, thirty days after a party serves you with a copy of the judgment or order and written notice of its entry, under CPLR 5513(a). If you serve the other side first, your own thirty days runs from that service instead.
When does the thirty-day clock start running?
It starts on service of a copy of the judgment or order together with written notice of its entry, not on the date the judgment or order was signed or entered. Service must come from a party, not from the court or a clerk, to trigger the deadline.
What happens if no one ever serves me with notice of entry?
Without a party serving you a copy of the judgment or order and notice of its entry, the thirty-day appeal clock under CPLR 5513(a) never starts, though other practical deadlines and case developments can still affect your options.
Do I get extra time to appeal if the other side appeals or moves for permission first?
Yes. CPLR 5513(c) gives a party served with a notice of appeal or permission-to-appeal papers ten days after that service, or the time otherwise allowed under subdivision (a) or (b), whichever period is longer.
Does mailing the notice of entry add extra days to my appeal deadline?
Yes. CPLR 5513(d) applies the additional days CPLR 2103 allows for service by mail or overnight delivery to the deadlines in this section, no matter which party did the serving.
Is the deadline to move for permission to appeal the same as the deadline for an appeal as of right?
Both run on a thirty-day framework, but CPLR 5513(b) measures the permission-to-appeal deadline from service of the judgment or order (or a prior denial of permission) with notice of entry, tracking subdivision (a) rather than duplicating it.
Does it matter if the court, rather than a party, files the notice of entry?
Yes. CPLR 5513(a) only starts running on service by a party; a court's or clerk's own filing or notification of entry does not trigger the deadline to appeal.
Advisory Committee Notes
This section is derived from CPA §§ 578-a, 612, 624 and 632 and parts of §§ 592 and 634-a with certain additions and changes of substance. In some cases, time provisions for appeals to the Appellate Division, the Appellate Term or a County Court are specifically provided by law. See, e.g., NYC Munic Ct Code § 154(7). This section would not disturb such provisions. The broad question of the applicability of the new CPLR to courts other than the Supreme or County Courts will be dealt with separately.
Subd (a) of this section has the effect of reducing the time to appeal as of right to the Court of Appeals from sixty to thirty days after service has been made. The longer period is unnecessary and serves only to prolong the appeal. Thus, all appeals as of right—whether from a final or interlocutory decision or a nonfinal order-to any court are governed by this subdivision in the absence of a statutory provision.
Subd (b) of this section is taken from former § 578-a. The second paragraph of that section has been omitted because it is covered by the more general terms of this subdivision. Thus, a third-party defendant or subsequent party plaintiff who is served with a timely notice of appeal may cross-appeal within the longer of the two time periods provided by subds (a) and (b) despite the fact that prior to such service he was served with a notice of appeal by another party and the time within which to cross-appeal with regard to such other party has expired.
The time provided in subd (c) of this section, within which a motion in the court to which the appeal is sought to be taken to appeal from a nonfinal determination must be made, and the time within which a motion in the court whose determination is sought to be reviewed must be made, are increased to thirty days to accord with subd (a) and to provide uniform time limits for motions to appeal. In connection with all motions for permission to appeal to the Court of Appeals, subd (c) replaces parts of subds 2 and 3 of former § 592. It is also applicable to appeals by permission to the Appellate Division from Supreme and County Courts pursuant to § 5701(c) and from an Appellate Term pursuant to § 5703(a). For appeals from an Appellate Term, it thus replaces the time provisions of rule X of the Appellate Division, First Department, rule XXVI of the Appellate Division, Second Department, and rule VII of the Appellate Terms of both the First and Second Departments. In some cases, § 5514 provides for extension of the time limits imposed by this subd. The last sentence of the subdivision derives from the last phrases of CPA §§ 592(2) and 592(3) and indicates when the motion is returnable. See 1957 and 1958 amendments to Civil Practice Act § 592. Laws 1957, c 274; Laws 1958, c 92. The language “or, where permission has already been denied by order of the court whose determination is sought to be reviewed, of a copy of such order and written notice of its entry” has been added to take account of the situation where, for example, both the Appellate Division and the Court of Appeals are authorized to grant leave to appeal and the motion for such leave is made in the first instance to the Appellate Division. The time within which a second motion for leave to appeal must be made in the Court of Appeals in the event of refusal by the Appellate Division should be measured, not from the date of service of a copy of the judgment or order sought to be appealed from, but from the date of service of the Appellate Division order denying leave to appeal.
1976 Recommendations of Advisory Committee on Civil Practice:
This measure would amend CPLR 5513, applicable to all appellate courts, by repealing present subdivision (b), relettering present subdivision (C), and adding a new subdivision (c) entitled “Additional time where adverse party takes an appeal or moves for permission to appeal.” Present subdivision (b) permits the taking of a cross-appeal within ten days after the service of a notice of appeal or within the time limited by subdivision (a) or (c). However, it says nothing about extending the time to move for permission to appeal in those cases in which the cross-appellant would not be entitled to appeal as of right.
The practice of the Court of Appeals is to allow a motion for permission to appeal to be made within the ten-day period provided for in subdivision (b). However, the fact that the section does not specifically say so may well create confusion. To prevent such confusion, this bill would spell out a provision for a motion requesting permission to appeal. Further, the proposal would be made applicable not only where one party takes an appeal as of right, but also where the party moves for permission to appeal.
In either case, the interests of justice may demand that the adverse party be given additional time to pursue cross-appellant procedures, especially where the appeal is taken or the notion for permission to appeal is made on the 29th or 30th day.
1996 Recommendations of Advisory Committee on Civil Practice:
The Committee recommends that CPLR 5513 be amended to clarify that only the requisite notice of entry of judgment given by a party to the other parties is effective to trigger the time allowed to commence an appeal. An ambiguity exists currently in the practice because some judges prefer to actually file the original motion papers together with a copy of the Decision and Order in the appropriate County Clerk’s office and notify counsel of the filing. Other judges state in their Decision and Order that filing by the Court does not constitute notice of entry.
The proposed amendment clarifies the ambiguity by inserting service “by a party”, so that service of notice of entry of judgment by a Clerk or Court would not constitute service of notice of such entry for purposes of triggering the time to take an appeal as of right under CPLR 5513(a).
Amendment History
Add, L 1962, ch 308; amd, L 1970, ch 108, § 1; L 1977, ch 30, §§ 1, 2; L 1996, ch 214, § 1, eff Jan 1, 1997; L 1999, ch 94, § 1, eff June 22, 1999.
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
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