A motion for permission to appeal shall be noticed to be heard at a motion day at least eight days and not more than fifteen days after notice of the motion is served, unless there is no motion day during that period, in which case at the first motion day thereafter.
R 5516.Motion for permission to appeal.
Article 55. Appeals Generally · Not amended since adoption on record · Last verified July 21, 2026
In one sentenceCPLR 5516 requires a motion for permission to appeal to be noticed for a motion day at least eight days and no more than fifteen days after service, or the first available motion day after that window if none falls within it.
Full Text of CPLR 5516
Plain-English Summary
CPLR 5516 fixes the scheduling window for a motion for permission to appeal: it has to be noticed to be heard on a motion day that falls at least eight days, but no more than fifteen days, after the motion is served. The rule applies broadly to permission-to-appeal motions across the appellate courts, not just to the Court of Appeals.
If no motion day happens to fall within that eight-to-fifteen-day window, the motion is instead noticed for the first motion day that comes after the window closes, so the moving party is never left without a return date because the court's calendar does not line up with the standard timing.
Frequently Asked Questions
How much notice do I need to give for a motion for permission to appeal?
CPLR 5516 requires the motion to be noticed for a motion day at least eight days and no more than fifteen days after it is served.
What if there is no motion day scheduled within that eight-to-fifteen-day window?
The motion is noticed for the first motion day that occurs after the window ends, so a scheduling gap does not prevent the motion from going forward.
Does CPLR 5516 apply only to motions for permission to appeal to the Court of Appeals?
No. It is a general rule that applies to motions for permission to appeal across the appellate courts, not solely those directed to the Court of Appeals.
Can I notice a permission-to-appeal motion for a date sooner than eight days after service?
No. The eight-day minimum is meant to give the opposing side adequate time to respond before the motion is heard.
What happens if I notice the motion for a date more than fifteen days after service?
CPLR 5516 sets fifteen days as the outer limit; a party should pick the next available motion day within the eight-to-fifteen-day window rather than scheduling further out on its own.
Advisory Committee Notes
This rule is one of general application which applies to all motions for permission to appeal. It is taken from part of subds 2 and 3 of CPA § 592, which related to permissive appeals to the Court of Appeals. Subd 2 of CPA § 592 was recently amended to parallel subd 3. Laws 1957, c 274 (effective September 1, 1957).
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: motion for permission to appeal New Yorknotice period for leave to appeal NYCPLR 5516 motion day