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How Long Do I Have to File an Appeal?

Posted by Arnold A. Arpino | Feb 18, 2015 | 0 Comments

So you have either lost your case, or have a decision that is not favorable from a judge with a final disposition of your case still pending.  How long do you have to file an appeal?  Well, that depends.  Most people are capable of researching the information online or reading a hard copy of the New York Civil Practice Law and Rules, and coming to the conclusion that a party has 30 days in which to file an appeal.  

However, when does that 30 day time period start?  When you receive an order from a Court or a Justice you will sometimes see on the top right or left hand corner a phrase that states: "To commence the statutory time period of appeals as of right (CPLR 5513[a]) you are advised to serve a copy of this order, with notice of entry, upon all parties."

What does that mean? In layman terms it means that your time to appeal could theoretically be unlimited.  If the opposing party does not serve a copy of the order with a document called "notice of entry" the time to appeal does not start running.  If you are served with a copy of the order with notice of entry, then you have 30 days to file a notice of appeal.  You are also given 5 additional days to account for mailing. 

If you want to file an appeal on your case, your time to do so may be very limited.  Contact the law offices of Arnold A. Arpino & Associates, P.C. today if you wish to appeal your case, and you are confused or unsure about how much time you have to file a notice of appeal. 

About the Author

Arnold A. Arpino

Managing Shareholder focusing on Creditor's Rights, Real Estate, & Non-Taxable Estate Planning.

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Arnold A. Arpino & Associates, P.C., is a full service law firm that represents individuals and businesses in a variety of different practice areas. Our firm regularly appears in the Courts throughout Long Island, New York City, and the Hudson Valley.

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