New York Divorce Lawyer J Douglas Barics Matrimonial Attorney

Law Office of

J. Douglas Barics

New York Divorce and Family Law

NY Divorce Attorney J Douglas Barics Family Law Lawyer

356 Veterans Memorial Highway. Suite 3, Commack, NY 11725 Phone: (631) 864-2600 Email: lawyer@jdbar.com



Civil Practice Law & Rules 5513

CPLR 5513: Time to take appeal, cross-appeal or move for permission to appeal.



CPLR 5513

Time to take appeal, cross-appeal or move for permission to appeal


(a) Time to take appeal as of right.


An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.


(b) Time to move for permission to appeal.


The time within which a motion for permission to appeal must be made shall be computed from the date of service by a party upon the party seeking permission of a copy of the judgment or order to be appealed from and written notice of its entry, or, where permission has already been denied by order of the court whose determination is sought to be reviewed, of a copy of such order and written notice of its entry, except that when such party seeking permission to appeal has served a copy of such judgment or order and written notice of its entry, the time shall be computed from the date of such service. A motion for permission to appeal must be made within thirty days.


(c) Additional time where adverse party takes appeal or moves for permission to appeal.


A party upon whom the adverse party has served a notice of appeal or motion papers on a motion for permission to appeal may take an appeal or make a motion for permission to appeal within ten days after such service or within the time limited by subdivision (a) or (b) of this section, whichever is longer, if such appeal or motion is otherwise available to such party.


(d) Additional time where service of judgment or order and notice of entry is served by mail or overnight delivery service.


Where service of the judgment or order to be appealed from and written notice of its entry is made by mail pursuant to paragraph two of subdivision (b) of rule twenty-one hundred three or by overnight delivery service pursuant to paragraph six of subdivision (b) of rule twenty-one hundred three of this chapter, the additional days provided by such paragraphs shall apply to this action, regardless of which party serves the judgment or order with notice of entry.




This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 5513 are frequently amended, and no representation is made that the above version of CPLR 5513 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.


If you have any questions or comments, please feel free to contact Mr. Barics at lawyer@jdbar.com or (631) 864-2600. For more articles and information, please visit www.jdbar.com.


J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York



[Home] [Articles] [Cases] [Statutes] [Forms] [J. Douglas Barics] [Current Rates] [Contact]