To file a notice of appeal in New York, you deliver a short written notice to the clerk of the court that entered the judgment or order, serve a copy on every adverse party, and pay the filing fee — all within 30 days of being served with written notice of entry. The notice itself is simple: CPLR 5515 requires only that it identify the party appealing, the judgment or order (or the specific part) being appealed, and the appellate court hearing the case.1New York State Senate. New York Civil Practice Law and Rules 5515 – Taking an Appeal; Notice of Appeal The deadline, not the drafting, is what kills most appeals.
What the Notice Must Contain
CPLR 5515 sets the floor. Three items are mandatory: the appellant, the ruling being challenged, and the appellate court.1New York State Senate. New York Civil Practice Law and Rules 5515 – Taking an Appeal; Notice of Appeal Most notices also list the index number, the county, the judge’s name, and the entry date, because those details let the clerk match the appeal to the right trial record.
The Appellate Division, Second Department, publishes a one-page fill-in template with blanks for the court, county, type of ruling, entry date, and the appellant’s signature and contact information.2New York State Unified Court System. Notice of Appeal The other departments provide similar templates on nycourts.gov. You are not required to use one, and an attorney-drafted notice that meets CPLR 5515 works just as well.
Two drafting details cause most of the problems. First, the date on the notice is the date the order was entered in the clerk’s office, not the date the judge signed it. The clerk’s stamp on the order shows the entry date. Second, if you are only challenging part of the ruling — say, one damages finding but not the liability determination — spell that out. CPLR 5515 lets you appeal from a “specific part” of the judgment or order, and narrowing the notice narrows the appellate court’s review.1New York State Senate. New York Civil Practice Law and Rules 5515 – Taking an Appeal; Notice of Appeal If you mean to challenge the whole thing, say so.
The 30-Day Deadline
You have 30 days to file the notice of appeal. The clock starts when a party serves you with a copy of the judgment or order together with written notice of its entry. If no one serves notice of entry, the 30 days do not start running — but the opposing party can trigger the countdown at any time by serving notice, so waiting is risky. When you are the one serving notice of entry, your own 30 days run from your date of service.3New York State Senate. New York Code CVP 5513
Weekends and holidays count within the 30-day window. Only when the last day itself falls on a Saturday, Sunday, or public holiday does General Construction Law § 25-a push the deadline to the next business day.4New York State Senate. New York General Construction Law 25-a Beyond that, New York courts treat this deadline as jurisdictional. Once it passes, the appellate court has no power to hear the appeal, and no showing of good cause or excusable neglect will bring it back.
The method used to serve notice of entry changes the math. Under CPLR 2103, service by mail within New York adds five days to the prescribed period, overnight delivery adds one business day, and personal delivery adds nothing. Read the notice of entry to see how it was served before you calendar the deadline.
If the opposing party appeals and you want to cross-appeal, CPLR 5513(c) gives you 10 days after being served with their notice, or whatever is left of your own 30-day window, whichever is longer.3New York State Senate. New York Code CVP 5513
Where and How to File
The notice of appeal is filed with the clerk of the court that entered the ruling, not with the Appellate Division. For Supreme Court and County Court cases, that means the County Clerk’s office.5Appellate Division Fourth Department. Perfecting An Appeal For City Court, District Court, and similar courts, it goes to the clerk of that court.
If your case is in the New York State Courts Electronic Filing system, you file the notice through NYSCEF and use NYSCEF to serve any party with a NYSCEF account. Parties who are not registered on NYSCEF still need paper copies served in the traditional way.6New York State Unified Court System. How to File a Notice of Appeal – Short Version Instructions Cases not on NYSCEF are filed by delivering the notice to the clerk’s office.
Serving the Other Parties
Filing is only half the step. CPLR 5515 requires you to serve a copy of the notice on every adverse party.1New York State Senate. New York Civil Practice Law and Rules 5515 – Taking an Appeal; Notice of Appeal Serve the attorney if a party has one. Acceptable methods under CPLR 2103 include personal delivery, regular mail, leaving the notice at the attorney’s office with someone in charge, overnight delivery, and fax to a number the attorney has designated for service.
After serving, prepare an affidavit of service showing the date and method of delivery, and file it with the clerk alongside the notice. That affidavit is your proof every party received notice of the appeal.
Filing Fees
Fees depend on the originating court. Supreme Court and County Court appeals cost $65 at the County Clerk. NYC Civil Court, District Court, and City Court appeals cost $30. Town and Village Court appeals cost $5.7New York Courts. New York State Filing Fees Payment is due in advance; the clerk will not file the notice until it clears. Payment methods vary by county, so call ahead. No filing fee applies in Family Court or criminal cases.
A separate $315 fee comes later, when you file the record with the Appellate Division to perfect the appeal, and each motion or cross-motion at the Appellate Division costs an additional $45.8New York State Senate. New York Code 8022 – Fee on Civil Appeals Proceedings Before Appellate Courts
If you cannot afford the fees, CPLR 1101 lets you move for a waiver. The motion needs an affidavit listing your income, assets, real property, and a statement that you lack sufficient means to pay the costs of the appeal. A judge may also require an attorney’s certificate confirming the appeal has merit. Representation by a legal aid society or nonprofit legal services organization waives all filing and service fees automatically, with no motion required.9New York State Senate. New York Civil Practice Law and Rules 1101
Not Every Order Is Appealable as of Right
Before filing, confirm the ruling can actually be appealed without permission. Under CPLR 5701, you can appeal as of right to the Appellate Division from any final or interlocutory judgment in a case that originated in Supreme Court or County Court. Certain orders made on notice are also appealable as of right, including orders that grant, refuse, or modify a provisional remedy; grant or refuse a new trial; involve some part of the merits or affect a substantial right; effectively end the action; or declare a state statute unconstitutional.10New York State Senate. New York Code CVP 5701
Orders outside those categories, including orders in Article 78 proceedings and orders requiring a more definite pleading, are not appealable as of right. For those, CPLR 5701(c) allows an appeal by permission: you first ask the judge who issued the order and, if refused, apply to a justice of the Appellate Division.10New York State Senate. New York Code CVP 5701
Filing Does Not Automatically Stop Enforcement
A notice of appeal does not freeze the judgment against you on its own. CPLR 5519(a) provides an automatic stay in only a few situations: appeals filed by the state, a political subdivision, or a government officer or agency; money judgments where the appellant posts an undertaking in the full amount; property or document orders complied with by placing the property in court custody or depositing the executed instrument; and real property conveyances backed by an undertaking in an amount the trial court fixes.11New York State Senate. New York Civil Practice Law and Rules 5519
For a private party appealing a money judgment, the practical point is that the stay costs money: a surety bond or other undertaking equal to the judgment. If posting that amount is not possible, you can ask the trial court for a discretionary stay, but the court weighs likelihood of success, irreparable harm, and equities, and grants are not routine.
What Comes After Filing
Filing the notice starts the appeal but does not present it to the appellate court. You then have to “perfect” the appeal by filing the record, your brief, and a note of issue with the Appellate Division. Under 22 NYCRR 1250.9, you have six months from the date of the notice of appeal to do this.12New York Codes, Rules and Regulations. 22 CRR-NY 1250.9 Miss it and the appeal is deemed abandoned and dismissed automatically, with no motion needed from the other side.5Appellate Division Fourth Department. Perfecting An Appeal
Parties can stipulate to an initial extension of up to 60 days, or request one by letter on notice to all parties. A second extension of up to 30 additional days is available the same way. Anything beyond that requires a formal motion.12New York Codes, Rules and Regulations. 22 CRR-NY 1250.9 The most common reason appellants blow the six-month deadline is waiting too long to order transcripts, so start on the record as soon as the notice of appeal is filed.