(a) Omissions. If an appellant either serves or files a timely notice of appeal or notice of motion for permission to appeal, but neglects through mistake or excusable neglect to do another required act within the time limited, the court from or to which the appeal is taken or the court of original instance may grant an extension of time for curing the omission.
§ 5520.Omissions; appeal by improper method.
Article 55. Appeals Generally · Last amended 1980 · Last verified July 21, 2026
In one sentenceCPLR 5520 lets courts excuse certain mistakes in the appeal process -- a missed follow-up step after a timely notice of appeal, choosing permission over an as-of-right appeal, or a defective notice of appeal -- rather than dismissing the appeal outright.
Full Text of CPLR 5520
(b) Appeal by Permission Instead of as of Right. An appeal taken by permission shall not be dismissed upon the ground that the appeal would lie as of right and was not taken within the time limited for an appeal as of right, provided the motion for permission was made within the time limited for taking the appeal.
(c) Defects in Form. Where a notice of appeal is premature or contains an inaccurate description of the judgment or order appealed from, the appellate court, in its discretion, when the interests of justice so demand, may treat such a notice as valid.
Plain-English Summary
Appeal deadlines in New York are strict, but CPLR 5520 keeps a few honest mistakes from being fatal. Subdivision (a) covers an appellant who timely serves or files a notice of appeal (or a notice of motion for permission to appeal) but then, through mistake or excusable neglect, misses some other required step. In that situation, the court the appeal is taken from or to may grant an extension of time to cure the omission, rather than treating the appeal as forfeited.
Subdivision (b) protects a party who sought permission to appeal instead of appealing as of right: the appeal will not be dismissed on the ground that it should have been taken as of right and was not filed within that deadline, as long as the motion for permission was made within the time an as-of-right appeal would have required.
Subdivision (c) addresses defects in the notice of appeal itself, such as a premature notice or an inaccurate description of the judgment or order being appealed. The appellate court has discretion to treat such a notice as valid when the interests of justice call for it, so a technical flaw in the papers does not automatically sink an otherwise legitimate appeal.
Frequently Asked Questions
What happens if I timely file a notice of appeal but forget a later required step?
CPLR 5520(a) lets the court the appeal is taken from or to grant an extension of time to cure the omission, so long as the notice of appeal (or permission motion notice) itself was timely and the omission resulted from mistake or excusable neglect.
Can my appeal be dismissed because I sought permission to appeal instead of appealing as of right?
No, not on that ground alone. CPLR 5520(b) protects the appeal as long as the motion for permission was made within the time limited for taking the appeal as of right.
What if my notice of appeal has the wrong date or an inaccurate description of the order?
CPLR 5520(c) gives the appellate court discretion to treat a premature or inaccurately described notice of appeal as valid when the interests of justice require it.
Does CPLR 5520 excuse missing the original deadline to take an appeal?
No. It addresses omissions after a timely notice of appeal, choosing the wrong method of appeal, or defects in the notice itself; it does not extend the underlying deadlines set by CPLR 5513.
Who decides whether to excuse a defect under CPLR 5520?
The court from or to which the appeal is taken has discretion under subdivisions (a) and (c), and the appellate court exercises the protection built into subdivision (b) as a matter of law when its condition is met.
Advisory Committee Notes
Subd (a) of this section is derived from CPA § 107. It retains the rule that if a timely notice of appeal is served but not filed, or filed but not served, the omission can be cured. Unlike former § 107, it permits the court of original instance as well as the court from or to which the appeal is taken to grant the extension of time, since in cases where the court of original instance is not the court from which the appeal is taken, it may be more accessible to the parties and the matter can be appropriately handled by it. In addition to failing to serve or file a notice of appeal, other omissions, such as failure to serve or file the record on appeal or an undertaking, may be cured under this provision.
Subd (b) of this section covers the contingency formerly provided for by subd 5(d) of CPA § 592.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963; amd, L 1966, ch 594, § 1, eff Sept 1, 1966; L 1979, ch 120, § 1, eff Jan 1, 1980.
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: cure defective notice of appeal New Yorkwrong method of appeal New Yorkexcusable neglect appeal deadline NYCPLR 5520 omissions