Adverse party's notice of appeal served
Triggering event: Adverse party's notice of appeal served. Once this happens in a New York civil action, one deadline starts running under the CPLR. The rule is listed below with the governing section. Enter your date to get the exact due date, adjusted for the service method and rolled off weekends and New York court holidays.
| Deadline | Period | CPLR rule | Notes |
|---|---|---|---|
| Cross-appeal / cross-motion for permission | 10 calendar days after the triggering event | CPLR 5513(c) ↗ Article 55 — Appeals Generally | Within 10 days after service of the adverse party's notice of appeal, or the §5513(a)/(b) time, whichever is longer. |
Worked example: adverse party's notice of appeal served on Tuesday, September 15, 2026
If adverse party's notice of appeal served happened today, here is when each deadline would fall depending on how the paper was served. Dates already account for the weekend and holiday roll.
| Deadline | Personal delivery | By mail (+5 days) | NYSCEF e-service (+2 days) |
|---|---|---|---|
| Cross-appeal / cross-motion for permission | Friday, September 25, 2026 | Wednesday, September 30, 2026 | Monday, September 28, 2026 |
Cross-appeal / cross-motion for permission
10 calendar days after adverse party's notice of appeal served. Within 10 days after service of the adverse party's notice of appeal, or the §5513(a)/(b) time, whichever is longer. Governing rule: CPLR 5513(c) (Article 55, Appeals Generally).
How the service method changes the date
The period runs from service, and the method of service can extend it. Under CPLR 2103(b), mail adds 5 calendar days, overnight courier adds 1 business day, and NYSCEF e-service adds 2 days under Uniform Rule 202.5-b(f)(2). Personal delivery adds nothing. When the last day falls on a Saturday, Sunday, or New York public holiday, the deadline rolls to the next business day (CPLR 2103(a); General Construction Law §25-a).
Frequently asked questions
How long after adverse party's notice of appeal served is the cross-appeal / cross-motion for permission in New York?
What if the deadline falls on a weekend or holiday?
Can the court extend this deadline?
Other deadlines under Article 55 (Appeals Generally)
Browse every CPLR deadline by triggering event →
Individual part rules and the Uniform Civil Rules (22 N.Y.C.R.R. Part 202) often impose deadlines shorter than the CPLR default. Check the assigned judge’s part rules before relying on a statutory period.