Instructions for taking an Appeal to the Appellate Division (with and without electronic filing) 1. Taking an Appeal as of Right
An appeal as of right is taken by serving a notice of appeal on the adverse party and filing it in the office where the judgment or order of the court of original instance (where the action was commenced is entered within 30 days after service of a copy of the order or judgment appealed from with notice of entry. (see CPLR 5515 [1]) The County Clerk is the clerk of Supreme and County Courts. The filing fee is $65.00.
A notice of appeal from a Family Court matter should be filed with the clerk of that court.
In the Second Department an additional copy of the notice of appeal must be filed, to which must be affixed an informational statement on a form by the court, a copy of the order or judgment appealed from, and a copy of the opinion or decision, if any (22 NYCRR 1250.3[a]; 22 NYCRR 670.3[a]).
The time for taking an appeal does not start to run unless you are served with a copy of the Order or Judgment with Notice of Entry. If you are served with the order or judgment with notice of entry you have 30 days to serve and file your Notice of Appeal, 31 days if served by overnight delivery service and 35 days if you are served by mail See CPLR 5513.
In Family Court proceedings the Court may serve you by mail with a copy of the order . If this happens, you have 35 days to file your Notice of Appeal. If a copy of the order is personally delivered to you in Family Court, your time to appeal starts to run right away.
2. Taking an Appeal as of right Under the Electronic Filing System
An appeal as of right is taken by serving a notice of appeal on the adverse party and filing it in the office where the judgment or order of the court of original instance (where the action was commenced is entered within 30 days after service of a copy of the order or judgment appealed from with notice of entry. (see CPLR 5515 [1]) The County Clerk is the clerk of Supreme and County Courts. The filing fee is $65.00.
A notice of appeal from a Family Court matter should be filed with the clerk of that court.
The time for taking an appeal does not start to run unless you are served with a copy of the Order or Judgment with Notice of Entry. If you are served with the order or judgment with notice of entry you have 30 days to serve and file your Notice of Appeal, 31 days if served by overnight delivery service and 35 days if you are served by mail See CPLR 5513.
In Family Court proceedings the Court may serve you by mail with a copy of the order . If this happens, you have 35 days to file your Notice of Appeal. If a copy of the order is personally delivered to you in Family Court, your time to appeal starts to run right away.
The notice of appeal must be served upon your adversary in hard copy. It should then be filed with an affidavit of service in the NYSCEF Electronic Filing System. The NYSCEF website will send you a notice that it has received an electronic filing indicating the date and time. The notice will indicate that it received the notice of appeal and affidavit/affirmation of service. Please keep this notice as a confirmation of this filing. You will also receive a receipt for the filing fee.
3. Electronic Filing of Notice of Appeal and other papers in Appellate Division
Entry of Contact Information within14 days of filing Notice of Appeal. In any appeal designated by the Appellate Division for e-filing, counsel for the appellant or the petitioner, unless an exempt attorney, must within 14 days of filing of a notice of appeal, or entry of an order granting leave to appeal, or entry of an order transferring a matter to the Appellate Division: (1) register or confirm registration as an authorized e-filer with NYSCEF; and (2) enter electronically in NYSCEF such information about the cause and parties, and e-file such documents, as the court shall require.( 1245.3)
Required Documents: (1) Copy of Notice of Appeal; (2) Copy of Order/Judgment Appealed from; (3) Proof of Service of Notice of Appeal . These documents must be consolidated into one PDF document and e-filed as: COPY OF NOTICE OF APPEAL WITH PROOF OF FILING + SERVICE / ORDER OR JDGMT APPEALED FROM (1245.3(a))
Hard Copy Service of Notification of Case Number Counsel for the appellant or the petitioner must within seven (7) days of receipt from the court (1) serve upon all parties in hard copy as provided by CPLR 2103 notification of that case or docket number, together with other pertinent information about the case and such documents as the court shall require, on a form approved by the Appellate Division; and (2) e-file proof of service of this notification. (1245.3(b))
Entry of Information by Respondents and Other Parties. Within 20 days of service of the notification of the case or docket number as required in subdivision (b) or (c), counsel of record to each other party to the matter, unless an exempt attorney, shall: (1) register or confirm registration as an authorized e-filer with NYSCEF; and (2) enter electronically in NYSCEF such contact information and additional information as the court may require. (1245.3(d))
Designation of Other Persons and Electronic Filing Agents. (1) An authorized e-filer may designate another person to e-file a document on his or her behalf using the authorized e-filer’s user identification and password, but shall retain full responsibility for any such e-filed document. (2) Designation of an electronic filing agent. An authorized e-filer may designate another person or entity, including an appellate printer, to e-file documents on his or her behalf as a filing agent if that agent is also an authorized e-filer. Such filing agent shall e-file a statement of authorization, in a form approved by the Appellate Division, prior to or together with the first e-filing in that action by the agent. The principal authorized e-filer shall retain full responsibility for any document e-filed by such filing agent. (1245.3(e))
1245.5 Electronic Filing and Service (a) All authorized e-filers who have entered information for a particular cause as set forth in sections 1245.3 (a), (c) or (d) or 1245.4 (d) of this Part shall thereafter e-file and be served electronically in that matter. (b) Prior to the expiration of the 20-day period for entry of information described in section 1245.3 (d), filing and service of documents by, and service upon, parties who have not entered such information shall be in hard copy. (c) Upon expiration of the 20-day period for entry of information described in section 1245.3 (d) of this Part, service and filing by and upon all parties other than exempt attorneys and exempt litigants shall be by e-filing. Thereafter, an attorney who has neither entered information nor given notice as an exempt attorney pursuant to section 1245.4 (a) (2) of this Part shall be deemed served with any e-filed document. CPLR 5515 (1) provides:1. An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance is entered except that where an order granting permission to appeal is made, the appeal is taken when such order is entered. A notice shall designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from and the court to which the appeal is taken. CPLR 5513 provides: (a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof. (b) Time to move for permission to appeal. The time within which a motion for permission to appeal must be made shall be computed from the date of service by a party upon the party seeking permission of a copy of the judgment or order to be appealed from and written notice of its entry, or, where permission has already been denied by order of the court whose determination is sought to be reviewed, of a copy of such order and written notice of its entry, except that when such party seeking permission to appeal has served a copy of such judgment or order and written notice of its entry, the time shall be computed from the date of such service. A motion for permission to appeal must be made within thirty days. (c) Additional time where adverse party takes appeal or moves for permission to appeal. A party upon whom the adverse party has served a notice of appeal or motion papers on a motion for permission to appeal may take an appeal or make a motion for permission to appeal within ten days after such service or within the time limited by subdivision (a) or (b) of this section, whichever is longer, if such appeal or motion is otherwise available to such party. (d) Additional time where service of judgment or order and notice of entry is served by mail or overnight delivery service. Where service of the judgment or order to be appealed from and written notice of its entry is made by mail pursuant to paragraph two of subdivision (b) of rule twenty-one hundred three or by overnight delivery service pursuant to paragraph six of subdivision (b) of rule twenty-one hundred three of this chapter, the additional days provided by such paragraphs shall apply to this action, regardless of which party serves the judgment or order with notice of entry.