A Notice of Entry in New York is a short document that a prevailing party serves on the opposing side, together with a copy of the signed and entered order or judgment, to start the 30-day clock for appeals and several other post-judgment deadlines under the CPLR. The court clerk does not send it. If the winning party never serves it, the losing party’s time to appeal never begins to run.
What the Notice Does
Under CPLR 5513, a party’s 30-day window to appeal a judgment or order begins only when the other party serves a copy of that judgment or order along with written notice that it has been entered by the clerk.1New York State Senate. New York Civil Practice Law and Rules Law 5513 – Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal That single act of service is what converts a decision on paper into a decision on the clock. Everything about preparing and serving the notice is built around making sure that clock starts cleanly and cannot be attacked later.
What the Notice Must Contain
The standard court form identifies what belongs in a valid Notice of Entry: the court name, the index number, the names of all parties, the date the order or judgment was entered, and the clerk’s office where entry occurred.2New York State Unified Court System. Notice of Entry Form A complete copy of the entered order or judgment must be attached. Serving the notice without the underlying order defeats the point, because the opposing party needs to see exactly what was decided in order to evaluate whether to appeal.
The notice itself is brief. It says, in substance, that the attached order or judgment was entered in the clerk’s office on a specific date. Most practitioners use a standard template. What matters is that the attached order is a true and complete copy and that the entry date is accurate.
Signed Is Not the Same as Entered
A judge signing an order is not the same as the order being entered. Entry happens when the clerk’s office formally files and records the signed order or judgment and stamps it with a date.3New York State Unified Court System. An Overview on How to Submit/Settle and Enter Court Orders or Judgments That stamped date, not the date the judge signed, is the official entry date under CPLR 2220(a).4New York State Senate. New York Civil Practice Law and Rules Law R2220 – Entry and Filing of Order; Service
A judge may sign on a Monday, but if the clerk does not file it until Wednesday, Wednesday is the entry date. A Notice of Entry listing Monday is wrong, and the opposing party can challenge service based on that discrepancy. Confirm the actual entry date with the clerk’s office or the docket before preparing the notice.
Who Can Serve the Notice
Under CPLR 2103(a), papers in a pending action, including a Notice of Entry, may be served by any person who is not a party to the case and is at least 18 years old.5New York State Senate. New York Civil Practice Law and Rules Law R2103 – Service of Papers An attorney, a paralegal, or a professional process server can handle it. The named plaintiff or defendant cannot personally hand the papers to the opposing side. Self-represented litigants miss this easily, and violating it gives the other party a ground to challenge service.
If the opposing party has an attorney, service goes to the attorney rather than the party directly.5New York State Senate. New York Civil Practice Law and Rules Law R2103 – Service of Papers
How to Serve It
New York law allows several methods, and the method affects when the opposing party’s clock starts.
Personal Delivery
Handing the notice and attached order directly to the opposing attorney, or to the party if unrepresented, completes service immediately. The appeal clock starts that day. You will need an affidavit from the person who made the delivery in case receipt is later disputed.
First-Class Mail
Service by mail requires sending the notice and a copy of the entered order via first-class mail to the attorney’s designated address or, if the party is unrepresented, to their last known address. Service is complete when the envelope goes in the mail, not when the recipient opens it.5New York State Senate. New York Civil Practice Law and Rules Law R2103 – Service of Papers To account for transit time, five extra days are added to any deadline the service triggers. A 30-day appeal window becomes 35 days when the notice arrives by mail.
Keep a certificate of mailing or an affidavit of service documenting the mailing date and address. Using an outdated address is a common way for service to be challenged.
Overnight Delivery
Sending the notice via overnight courier is also permitted and adds only one business day to the deadline rather than five.5New York State Senate. New York Civil Practice Law and Rules Law R2103 – Service of Papers Retain the tracking receipt as proof.
Electronic Service
In cases subject to mandatory e-filing, serving through the New York State Courts Electronic Filing System (NYSCEF) is the standard method, and the system generates an automatic confirmation that serves as proof of service. In cases not subject to mandatory e-filing, electronic service works only if the opposing party has given written consent to receive papers electronically.5New York State Senate. New York Civil Practice Law and Rules Law R2103 – Service of Papers Without consent, electronic service is invalid even if the document actually arrived.
Electronic service does not add extra days. The clock starts on the date of transmission, as it does with personal delivery. Save or print the NYSCEF confirmation.
Proof of Service
After serving the Notice of Entry, prepare an affidavit or affirmation documenting how service happened. Under CPLR 306, a valid proof of service identifies the papers served, the person served, and the date, time, and address of service, along with facts showing the server was authorized and the method proper.6New York State Senate. New York Civil Practice Law and Rules Law R306 – Proof of Service
For e-filed cases, the NYSCEF confirmation typically satisfies this. For mail and personal delivery, use a sworn affidavit from the person who performed the service. File the proof of service with the court so it becomes part of the record. If the opposing party later claims they never received the notice, that filed proof is what protects you.
Deadlines the Notice Triggers
Service of a Notice of Entry starts multiple clocks at once. Missing any of them can forfeit rights that do not come back.
Appeals as of Right
Under CPLR 5513(a), a party must take an appeal within 30 days after being served with a copy of the judgment or order and written notice of entry.1New York State Senate. New York Civil Practice Law and Rules Law 5513 – Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal Mail service adds five days, making the effective deadline 35 days. Overnight delivery adds one business day.
If the prevailing party never serves a Notice of Entry, the opposing party’s time to appeal simply does not begin. Some winning parties delay service strategically, though the risk is that the losing party files a late appeal and argues, correctly, that the deadline never started.
Permission to Appeal
Not every order is appealable as of right. When permission is required, the motion for leave to appeal must also be made within 30 days of service of the order with notice of entry, and the five-day mailing extension still applies.1New York State Senate. New York Civil Practice Law and Rules Law 5513 – Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal
Cross-Appeals
If one party files a notice of appeal or moves for permission to appeal, the opposing party gets an additional window to cross-appeal: 10 days from service of the appeal papers, or whatever time remains under the original 30-day period, whichever is longer.1New York State Senate. New York Civil Practice Law and Rules Law 5513 – Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal The clock still traces back to the Notice of Entry that started the sequence.
Motions to Reargue
Under CPLR 2221(d), a motion to reargue must be made within 30 days of service of the order with written notice of its entry. Reargument asks the same court to reconsider based on matters of fact or law it allegedly overlooked. Courts deny these routinely, but the deadline is strict.
Relief From a Default Judgment
CPLR 5015(a)(1) allows a party to seek relief from a judgment on the ground of excusable default, but the motion must be filed within one year after service of the judgment with written notice of its entry.7New York State Senate. New York Civil Practice Law and Rules Law R5015 – Relief From Judgment or Order Other grounds under CPLR 5015(a), such as newly discovered evidence or fraud, are not tied to the one-year clock, but excusable default is the most commonly invoked ground, and its deadline runs from Notice of Entry service.
What the Notice Does Not Trigger
Post-trial motions under CPLR 4405 are not triggered by the Notice of Entry. Motions to set aside a verdict, for a new trial, or for judgment notwithstanding the verdict must be made within 15 days after the decision, verdict, or jury discharge.8New York State Senate. New York Civil Practice Law and Rules 4405 – Time and Judge Before Whom Post-Trial Motion Made That clock runs from the trial event itself, not from entry of the judgment that follows.
What Happens if Service Is Missing or Defective
If the prevailing party never serves a proper Notice of Entry, appellate deadlines never start. That cuts both ways. The losing side can file an appeal weeks or months later and argue that their time never began. The winning party is left with a case that stays procedurally open, which defeats much of the value of the win.
Defective service creates its own problems. Service by a party rather than a non-party, an incomplete attached order, or the wrong address all give the opposing side room to challenge the validity of service. A court that finds service defective will typically treat the appeal deadline as not having started, requiring re-service and a fresh clock. The result is more delay and more motion practice on procedure rather than merits.