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 brought in late on an appeal and the time to file the Notice of Appeal is about to expire before you have all the details, you should attempt to file and serve a Notice of Appeal with whatever information you have. You have a better chance to preserve your appeal with a defective Notice of Appeal then with nothing and you can modify the Notice of Appeal later. However, be sure to follow the rules of the lower court where you wish to file your Notice of Appeal, because each court has their own process and may reject your filing for being incomplete or non-compliant.
Should you be on the winning side and you believe your adversary may appeal, it is important that you file and serve the order or judgment with a Notice of Entry as soon as reasonably possible. Failing to do so will give your opponent more time to file their Notice of Appeal. If you fail to file and serve a Notice of Entry all together, the time for your opponent to file their Notice of Appeal may never begin to run.
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