Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5514
Extension of time to take appeal or to move for permission to appeal
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
§ 5514. Extension of time to take appeal or to move for permission to
appeal. (a) Alternate method of appeal. If an appeal is taken or a
motion for permission to appeal is made and such appeal is dismissed or
motion is denied and, except for time limitations in section 5513, some
other method of taking an appeal or of seeking permission to appeal is
available, the time limited for such other method shall be computed from
the dismissal or denial unless the court to which the appeal is sought
to be taken orders otherwise.

(b) Disability of attorney. If the attorney for an aggrieved party
dies, is removed or suspended, or becomes physically or mentally
incapacitated or otherwise disabled before the expiration of the time
limited for taking an appeal or moving for permission to appeal without
having done so, such appeal may be taken or such motion for permission
to appeal may be served within sixty days from the date of death,
removal or suspension, or commencement of such incapacity or disability.

(c) Other extensions of time; substitutions or omissions. No extension
of time shall be granted for taking an appeal or for moving for
permission to appeal except as provided in this section, section 1022,
or section 5520.