(a) Entry of Order in Appellate Court. An order of a court to which an appeal is taken shall be entered in the office of the clerk of that court.
R 5524.Entry of order; remittitur and further proceedings.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5524 requires an appellate court's order to be entered with its own clerk and then remitted, along with the record on appeal, to the court of original instance or another court directed to handle further proceedings, so further action and judgment entry can move forward.
Full Text of CPLR 5524
(b) Remittitur and Further Proceedings. A copy of the order of the court to which an appeal is taken determining the appeal, together with the record on appeal, shall be remitted to the clerk of the court of original instance except that where further proceedings are ordered in another court, they shall be remitted to the clerk of such court. The entry of such copy shall be authority for any further proceedings. Any judgment directed by the order shall be entered by the clerk of the court to which remission is made.
Plain-English Summary
An appellate decision does not enforce itself; it has to travel back down to the court that will act on it. CPLR 5524(a) requires the order of a court to which an appeal is taken to be entered in that court's own clerk's office. Subdivision (b) then requires a copy of that order, along with the record on appeal, to be remitted (sent back) to the clerk of the court of original instance, or to another court if the appellate order directs further proceedings there instead.
Entry of the remitted copy authorizes whatever further proceedings the appellate order calls for, and any judgment the order directs is entered by the clerk of the court to which the case was remitted. This creates one uniform procedure for closing the loop after an appeal, regardless of which appellate court decided it.
Frequently Asked Questions
What is a remittitur and why does it matter after an appeal?
A remittitur is the copy of the appellate order and record on appeal sent back to the court of original instance (or another court directed to act) under CPLR 5524(b). Its entry is what authorizes further proceedings or judgment entry consistent with the appellate decision.
Where does the appellate court's order get entered first?
CPLR 5524(a) requires it to be entered in the office of the clerk of the court to which the appeal was taken, before it is remitted anywhere else.
Who enters the judgment that the appellate court's order directs?
The clerk of the court to which the case is remitted enters any judgment directed by the appellate order, once the remittitur has been entered there.
Does the case always go back to the original trial court after an appeal?
Not necessarily. CPLR 5524(b) sends the remittitur to the court of original instance unless the appellate order directs further proceedings in a different court, in which case it goes there instead.
What authorizes the trial court to act after an appeal is decided?
Entry of the remitted copy of the appellate order in the receiving court's clerk's office is what authorizes any further proceedings the appellate order calls for.
Advisory Committee Notes
This rule is derived from CPA § 621 and also replaces § 607-a and parts of §§ 625, 633 and 634. It is a rule of general application and would establish a uniform procedure for all appeals.
Subd (a) of this rule is taken from the first sentence of § 621 and is broadened to refer to all orders of an appellate court.
Subd (b) of this rule establishes a procedure which conforms to former Court of Appeals practice and is in accord with subparagraphs 1 and 2 of former § 621, but in some respects is at variance with subparagraph 3 which dealt with cases originating in certain city courts and justice courts. Under the latter subparagraph, the remittitur was sent to the clerk of the County Court unless a statute otherwise provided or the appellate court otherwise directed. It became a part of § 621 in 1941 (Laws 1941, c. 265) after being recommended by the Judicial Council as a statement of existing nonstatutory practice on such appeals. See 7 NY Jud Council Rep 375–380 (1941). The Council recognized, however, that there was no rational basis for a distinction between the remittal procedures under subparagraphs 2 and 3. Id. at 379. This subdivision makes the procedure uniform. The second sentence of the last paragraph of former § 621 has been omitted since it more appropriately belongs in the article dealing with judgments. Reference in the last sentence of former § 621 to the filing of the judgment-roll as sufficient authority for further proceedings below has also been omitted. There is no need for this alternative procedure since entering a copy of the order of the appellate court is a simple matter and the copy forms a part of the judgment-roll. That portion of former § 633 giving the appellate court the power to enforce its order on an appeal from a final order in a special proceeding has been omitted. Thus, enforcement is left to the court from which the original appeal was taken. This change has two advantages: (1) it maintains a desired parallelism between actions and special proceedings with regard to the enforcement of appellate determinations, and (2) it conserves the time of the appellate courts for their primary function of review. Of course, an appellate court may still direct the manner of compliance with its orders.
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
Also known as: remittitur New York appealentry of appellate order CPLRwhat happens after an appeal is decided NYCPLR 5524 remittitur