(a) A county clerk, upon filing a notice of appeal, is entitled to a fee of sixty-five dollars, payable in advance.
§ 8022.Fee on civil appeals proceedings before appellate courts
Article 80. Fees · Last amended 2003 · Last verified July 21, 2026
In one sentenceCPLR 8022 sets the fee a county clerk charges to file a notice of appeal and the fees the appellate division clerks and the Court of Appeals clerk charge to file a record or statement in lieu of record, a special proceeding, or a motion on a civil appeal.
Full Text of CPLR 8022
(b) The clerks of the appellate divisions of the supreme court and the clerk of the court of appeals are entitled, upon the filing of a record on a civil appeal or a statement in lieu of record on a civil appeal, as required by rule 5530 of this chapter, to a fee of three hundred fifteen dollars, payable in advance. The clerks of the appellate divisions also shall be entitled to such fee upon the filing of a notice of petition or order to show cause commencing a special proceeding in their respective courts. In addition, the clerks of the appellate divisions of the supreme court and the clerk of the court of appeals are entitled, upon the filing of each motion or cross motion with respect to a civil appeal or special proceeding, to a fee of forty-five dollars, payable in advance. However, no fee shall be imposed for a motion or cross motion which seeks leave to prosecute or defend a civil appeal or special proceeding as a poor person pursuant to subdivision (a) of section eleven hundred one of this chapter.
Plain-English Summary
CPLR 8022 sets filing fees for civil appeals. Subdivision (a) charges a county clerk's fee of $65, payable in advance, for filing a notice of appeal. Subdivision (b) addresses the appellate courts themselves: the clerks of the Appellate Divisions of the supreme court and the clerk of the Court of Appeals charge $315, payable in advance, for filing the record on a civil appeal or a statement in lieu of record, as required by rule 5530. The Appellate Division clerks charge the same fee for filing a notice of petition or order to show cause that commences a special proceeding in their court.
The subdivision also sets a $45 fee for each motion or cross motion filed with respect to a civil appeal or special proceeding in these appellate courts, but that fee does not apply to a motion or cross motion seeking leave to prosecute or defend the appeal or proceeding as a poor person.
Frequently Asked Questions
How much does it cost to file a notice of appeal in a civil case?
The county clerk charges $65, payable in advance, to file a notice of appeal under CPLR 8022(a).
What is the fee for filing the record on appeal with the Appellate Division?
$315, payable in advance, for filing the record on a civil appeal or a statement in lieu of record, and the same fee applies to filing a notice of petition or order to show cause commencing a special proceeding in that court.
Is there a fee for filing a motion in a pending appeal?
Yes. Subdivision (b) charges $45 for each motion or cross motion filed with respect to a civil appeal or special proceeding.
Does the poor-person exemption apply to appellate motion fees?
Yes. No fee applies to a motion or cross motion seeking leave to prosecute or defend a civil appeal or special proceeding as a poor person.
Does the Court of Appeals charge the same record-filing fee as the Appellate Division?
Yes. Both the clerks of the Appellate Divisions and the clerk of the Court of Appeals charge $315 for filing the record on a civil appeal or a statement in lieu of record.
Amendment History
Add, L 1987, ch 825, § 16; amd, L 1990, ch 190, § 262, eff May 25, 1990; L 1996, ch 309, § 50, eff July 23, 1996; L 2003, ch 62, § 27 (Part J), eff July 14, 2003; L 2003, ch 686, § 6 (Part B), eff July 14, 2003.
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 filing feeappellate division filing feecivil appeal fee New YorkCPLR 8022 appeal costs