Appeals in New York

In many New York civil cases, you have 30 days to take an appeal after a party serves you with a copy of the judgment or order and written notice of its entry. If you serve those documents yourself, that service generally starts your own 30-day period. Taking an appeal ordinarily requires serving a notice of appeal on the opposing party and filing it with the court where the judgment or order was entered. If another party appeals, you may have 10 days after service of that party’s notice of appeal to take an available cross-appeal, or the ordinary appeal period if it is longer. The precise deadline can depend on how the documents were served and the type of appeal. CPLR 5513; CPLR 5515.

For many civil appeals from New York Supreme Court in Monroe County and elsewhere in the Rochester area, the appellate court is the Appellate Division, Fourth Department. The route can differ for appeals from other courts. Further review by the New York Court of Appeals, the state’s highest court, is limited. Some qualifying cases may be appealed as of right—for example, certain final Appellate Division determinations with a dissent by at least two Justices on a question of law—but many require permission to appeal. A motion seeking permission generally must be made within 30 days after the relevant judgment or order is served with written notice of its entry, subject to the applicable procedural rules. Judiciary Law § 70; CPLR 5601; CPLR 5602; CPLR 5513.

Not every appeal goes directly to the Appellate Division. Some appeals from lower courts are heard by an intermediate appellate court first. In parts of New York City and the surrounding area, that court may be an Appellate Term of the Supreme Court. In the Rochester area, an appeal from a local court may instead go to County Court. The correct court depends on which court issued the decision and the type of case. New York Supreme Court, despite its name, is generally a trial court, not the state’s highest court. CPLR 5703.

Some challenges to final decisions by New York government agencies are brought as an Article 78 proceeding in New York Supreme Court, rather than as an appeal filed directly in the Appellate Division. Supreme Court ordinarily decides the proceeding, but certain cases involving whether an agency’s decision is supported by substantial evidence may be transferred to the Appellate Division for decision. Article 78 proceedings generally must be started within four months after the decision becomes final and binding, although a shorter deadline may apply. The correct procedure and deadline depend on the agency and the decision being challenged. CPLR 7801; CPLR 7803; CPLR 7804; CPLR 217.

Act immediately. Appeal deadlines are strict, and missing one may prevent appellate review. Limited statutory provisions can affect the time available in particular circumstances, so a lawyer should examine the judgment or order, the notice of entry, and proof of service before concluding that the deadline has passed—or that an extension is available. CPLR 5513; CPLR 5514.