1. An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance is entered except that where an order granting permission to appeal is made, the appeal is taken when such order is entered. A notice shall designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from and the court to which the appeal is taken. 2. Whenever an appeal is taken to the court of appeals, a copy of the notice of appeal shall be sent forthwith to the clerk of the court of appeals by the clerk of the office where the notice of appeal is required to be filed pursuant to this section. 3. Where leave to appeal to the court of appeals is granted by permission of the appellate division, a copy of the order granting such permission to appeal shall be sent forthwith to the clerk of the court of appeals by the clerk of the appellate division.
§ 5515.Taking an appeal; notice of appeal.
Article 55. Appeals Generally · Last amended 1975 · Last verified July 21, 2026
In one sentenceCPLR 5515 explains how to take an appeal in New York -- serving the adverse party with a notice of appeal and filing it where the judgment or order was entered -- and requires clerks to forward appeal papers to the Court of Appeals.
Full Text of CPLR 5515
Plain-English Summary
Taking an appeal is an act, not just a decision: CPLR 5515 requires serving the adverse party with a notice of appeal and filing it in the office where the trial court's judgment or order was entered. The notice itself has to designate three things: the party taking the appeal, the specific judgment or order (or part of it) being appealed, and the court the appeal is going to.
Where a party has already obtained an order granting permission to appeal, the appeal is treated as taken automatically once that order is entered, without a separate notice of appeal, since both sides already know leave was granted. In every other situation, the notice of appeal has to be served and filed within the CPLR 5513 deadline; missing that window is generally treated as a jurisdictional defect, though CPLR 5520 allows certain defects in the notice itself to be cured.
The section also keeps paperwork moving between courts: when an appeal goes to the Court of Appeals, the clerk where the notice was filed must forward a copy to the Court of Appeals clerk, and when the Appellate Division grants leave to appeal to the Court of Appeals, its clerk must forward a copy of that order as well.
Frequently Asked Questions
What has to be included in a notice of appeal?
CPLR 5515 requires the notice to designate the party taking the appeal, the judgment or order (or specific part of it) being appealed, and the court the appeal is being taken to.
Where do I file my notice of appeal?
You file it in the office where the judgment or order of the court of original instance was entered, which is also where you must serve the adverse party a copy.
Do I need to serve the notice of appeal on the other side?
Yes. CPLR 5515 requires serving the adverse party with the notice of appeal in addition to filing it; both steps are part of taking the appeal.
What happens once I get permission to appeal instead of appealing as of right?
The appeal is taken automatically when the order granting permission is entered, so a separate notice of appeal is not required in that situation.
Can a mistake in my notice of appeal be fixed later?
Some defects can. While the time limits for taking an appeal are treated strictly, CPLR 5520 allows certain omissions or defects in the notice of appeal itself to be corrected by amendment.
Advisory Committee Notes
This section is derived from the first paragraph of CPA § 562. It does not change the former law as to the placing of filing of the notice of appeal. Section 562 was amended in 1943 (Laws 1943, c 486) upon the recommendation of the Judicial Council in order to make it clear that the notice of appeal was to be filed where the original papers on appeal were filed. See 9 NY Jud Council Rep 330-31 (1943). The new CPLR includes this requirement. Cf. § 5519(c), rule 5524(b).
An appeal must be “taken” by serving and filing the notice of appeal within the time prescribed by the appropriate provisions of § 5513. The time provisions have been characterized as “jurisdictional.” Cohen & Karger, Powers of the New York Court of Appeals 429 (rev ed 1952). Nevertheless, under both present and former law, if the appellant either serves or files the notice of appeal in time, his time to do the other may be extended. See notes to § 5520. After a notice of appeal is served or filed only the court to which the appeal is taken has the power to determine whether service and filing was timely. See Runkel v Hormelsky, 137 NYS2d 870 (Sup Ct 1955).
This section increases the specification necessary in notices of appeal by requiring designation of the court appealed to. This accords with former practice. See 8 Carmody-Wait Cyclopedia of New York Practice 600–01 (1954); cf. rule 2101(c).
An improper designation or a failure to designate may be cured under § 5520 by amendment. Cf. Vose v Conkling, 159 App Div 201, 144 NY Supp 1 (1st Dept 1913). That section is not without limits, however; for example, a notice of appeal cannot be amended after the time to appeal has expired to include the names of additional appellants. See Matter of Turk, 222 App Div 724, 226 NY Supp 111 (4th Dept 1927).
“Except” clause in first sentence of this section is new. It makes the taking of an appeal by permission automatic upon entry of the order granting permission. In such case both parties are aware of the order granting leave, and preparation and service of a notice of appeal is an unnecessary expenditure of time and effort.
Amendment History
Add, L 1962, ch 308; amd, L 1963, ch 532, § 36; L 1975, ch 491, § 1, eff Aug 28, 1975.
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: notice of appeal New Yorkhow to file a notice of appeal NYtaking an appeal CPLRCPLR 5515 notice of appeal requirements