How to take an Appeal to the Court of Appeals Civil Appeals as of Right
In a civil case, an appeal as of right is taken by serving a copy of the notice of appeal on your adversary and filing the original notice of appeal in the office where the order of the court of original instance is entered (CPLR 5515). An appeal to the Court of Appeals by service and filing of a notice of appeal lies only if the order or judgment appealed is one for which CPLR 5601 permits an appeal as of right. If no ground exists under CPLR 5601 for an appeal as of right, a motion for leave to appeal under CPLR 5602 can be made. A 30-day statutory time limit for taking a civil appeal runs from the date of service of the judgment or order sought to be appealed from, with written notice of its entry (see CPLR 5513[a]). For further information concerning civil appeals call an Assistant Deputy Clerk at (518) 455-7701 or 7702. Motion for Leave to Appeal
A civil motion for leave to appeal must comply with sections 500.21 and 500.22 of the Court of Appeals Rules of Practice. The motion papers must include argument in support of the motion, a copy of the order or judgment and decision you seek to appeal, and a copy of any order or decision that was reviewed by the Appellate Division. You must serve a copy of the motion papers upon the attorney for the respondent and file with the Court an affidavit or other proof of the date of such service. Finally, you must establish that your motion was timely (see CPLR 5513 and 5514).
For further information concerning motions for leave to appeal, call the Chief Motion Clerk at (518) 455-7705. Rule 500.9 Preliminary Appeal Statement
Within 10 days after the time you file your notice of appeal or after leave to appeal is granted in a civil case or a certificate granting leave to appeal is issued in a criminal case, the appellant must file with the Clerk two copies of a Preliminary Appeal Statement, with proof of service of one copy on each other party (see Rule 500.9). The Preliminary Appeal Statement must be filed in both civil and criminal appeals. The Preliminary Appeal Statement form prescribed by the Court is available here.