(a) Alternate Method of Appeal. If an appeal is taken or a motion for permission to appeal is made and such appeal is dismissed or motion is denied and, except for time limitations in section 5513, some other method of taking an appeal or of seeking permission to appeal is available, the time limited for such other method shall be computed from the dismissal or denial unless the court to which the appeal is sought to be taken orders otherwise.
§ 5514.Extension of time to take appeal or to move for permission to appeal.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5514 lets a court extend appeal deadlines in three narrow situations -- switching to a different method of appeal after a dismissal or denial, an attorney's death or disability, and whatever other statutes allow -- and forecloses any other basis for an extension.
Full Text of CPLR 5514
(b) Disability of Attorney. If the attorney for an aggrieved party dies, is removed or suspended, or becomes physically or mentally incapacitated or otherwise disabled before the expiration of the time limited for taking an appeal or moving for permission to appeal without having done so, such appeal may be taken or such motion for permission to appeal may be served within sixty days from the date of death, removal or suspension, or commencement of such incapacity or disability.
(c) Other Extensions of Time; Substitutions or Omissions. No extension of time shall be granted for taking an appeal or for moving for permission to appeal except as provided in this section, section 1022, or section 5520.
Plain-English Summary
New York keeps the exceptions to its strict appeal deadlines narrow, and CPLR 5514 collects them in one place. Subdivision (a) covers the party whose appeal is dismissed or whose motion for permission to appeal is denied but who still has another method of pursuing appellate review available: the time for that other method runs from the dismissal or denial, unless the court hearing the appeal orders otherwise.
Subdivision (b) addresses an attorney who dies, is removed or suspended, or becomes physically or mentally incapacitated before the deadline to appeal or move for permission runs out. In that situation, the appeal or motion may still be taken within sixty days of the attorney's death, removal, suspension, or the start of the incapacity, giving the client time to find new counsel without losing the right to appeal.
Subdivision (c) closes the door on any other extension: no court may grant more time to appeal or move for permission to appeal except as this section, CPLR 1022 (substitution), or CPLR 5520 (curing certain omissions) allow.
Frequently Asked Questions
Can a court extend my appeal deadline for reasons other than those in CPLR 5514?
What happens if my appeal is dismissed and I need to try a different method of appeal?
CPLR 5514(a) lets the time for that other method run from the dismissal or denial, rather than from the original judgment or order, unless the court hearing the appeal directs otherwise.
What if my attorney dies or becomes incapacitated near my appeal deadline?
CPLR 5514(b) allows an appeal or motion for permission to appeal to be taken within sixty days of the attorney's death, removal, suspension, or the onset of a physical or mental incapacity, even if the original deadline has already passed.
Who has to prove the attorney's disability under CPLR 5514(b)?
The party seeking the extension bears the burden of establishing the disability, typically through an affidavit describing the attorney's death, removal, suspension, or incapacity and when it began.
Does CPLR 5514 cover a party's own illness or disability, not the attorney's?
No. Subdivision (b) is limited to the disability, death, removal, or suspension of the attorney for the aggrieved party, not the party's own incapacity.
Advisory Committee Notes
This section is derived from part of CPA § 99 and from subds 3 and 5 of § 592. With the exception of the extensions provided by §§ 1022 and 5520, to which reference is made in subd (c), it consolidates all provisions relating to extensions of time to take an appeal and expands the scope of former § 99 to encompass specifically motions for permission to appeal.
Subd (a) of this section covers the exceptions which were enumerated specifically in subd 5 of former § 592. It is applicable to all appeals and not merely to appeals to the Court of Appeals. It also encompasses subdivision 3 of former § 592 where an application for permission to appeal is made to the Court of Appeals after denial by the Appellate Division, and includes applications to the Appellate Division after denial by the lower court under § 5701(c) or after denial by an Appellate Term under § 5703(a).
Subd (b) of this section follows the general approach of subd (a). It is taken from subd 3 of former § 99 which has been extended to cover motions for permission to appeal. The time periods within which to take an appeal or move for permission to appeal are the same as in former § 99(3) which provided for an automatic sixty-day extension in the case of death, removal or suspension and required action by the court in the case of mental or physical incapacity. The appealing party bears the burden of establishing the disability and normally it is established by affidavit. The subdivision provides for removal or suspension of attorney which accords with the language of former CPA § 99(3).
Subd (c) of this section is taken from subd 1 of CPA § 99 insofar as it related to appeals. Specific recognition is given to the fact that there are exceptions to the general rule.
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
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