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This entry was published on 2014-09-22
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SECTION 5513
Time to take appeal, cross-appeal or move for permission to appeal
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
§ 5513. Time to take appeal, cross-appeal or move for permission to
appeal. (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.