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CPLR 5513(a) and (b) Time to Take Appeal, Cross-Appeal or Move For Permission to Appeal

“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.”

“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 a 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.”

PRACTICE RULES OF THE APPELLATE DIVISION 1250.9(a) TIME, NUMBER AND MANNER OF FILING OF
RECORDS, APPENDICES AND BRIEFS.

***NOTE*** THESE RULES WERE SUSPENDED IN THE SECOND DEPARTMENT BY ADMINISTRATIVE
ORDER 2020-0506 FOR REASONS RELATED TO COVID , BUT NOT SUSPENDED IN THE FIRST, THIRD, AND
FOURTH DEPARTMENTS. THE SUSPENSION IN THE SECOND DEPARTMENT IS STILL IN EFFECT,
MEANING THAT THE SECOND DEPARTMENT IS A “PURE” E-FILING DFEPARTMENT.

“(a) Appellant’s Filing. Except where the court has directed an appeal be perfected in a
particular time, an appellant shall file with the clerk within six months of the date of the notice of appeal
or order granting leave to appeal:

(1) if employing the reproduced full record method, an original and five hard copies of the
reproduced full record, an original and five hard copies of appellant’s brief, and one digital
copy of the record and brief, with proof of service of one hard copy of the record and brief
upon each other party to the appeal; or
(2) if employing the appendix method, an original, five hard copies and one digital copy of the
appellant’s brief and appendix, with proof of service on one hard copy of the brief and
appendix, with proof of service of one hard copy of te brief and appendix upon each other
party to the appeal…”

(c) Respondent’s Filing. The respondent on an appeal shall file with the clerk within 30 days of
the date of service of the appellant’s submissions…
(1) …an original and five hard copies and one digital copy of the respondent’s brief, with proof of
service of one hard copy of the brief upon each party to the appeal; or