Timing for the filing of a Notice of Appeal
After you determine whether a matter is appealable, you must file a timely Notice of Appeal to preserve the issue being appealed. In order to be timely, a Notice of Appeal must be filed within thirty (30) days from the date the judgment or order is served with Notice of Entry (35 days when served by mail). The New York State Appellate Division Second Department rules expressly state that papers are deemed filed only as of the time they are actually received by the clerk. The First, Third, and Fourth Departments implicitly follow the same rule. If you are ever…Read more
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