Attorney death / incapacity (appeal extension)

Triggering event: Attorney death / incapacity (appeal extension). 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
Extension to appeal — attorney disability	60 calendar days after the triggering event	CPLR 5514(b) ↗ Article 55 — Appeals Generally	Within 60 days from death, removal, suspension, or commencement of incapacity.

Calculate the deadline from your date

Enter the date of attorney death / incapacity (appeal extension) and how the paper was served. The result cites the rule and rolls weekends and NY court holidays forward.

Triggering event Date of event Service method

Worked example: attorney death / incapacity (appeal extension) on Tuesday, September 15, 2026

If attorney death / incapacity (appeal extension) 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)
Extension to appeal — attorney disability	Monday, November 16, 2026	Thursday, November 19, 2026	Monday, November 16, 2026

Extension to appeal — attorney disability

60 calendar days after attorney death / incapacity (appeal extension). Within 60 days from death, removal, suspension, or commencement of incapacity. Governing rule: CPLR 5514(b) (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 attorney death / incapacity (appeal extension) is the extension to appeal — attorney disability in New York?

60 calendar days after attorney death / incapacity (appeal extension), under CPLR 5514(b). Within 60 days from death, removal, suspension, or commencement of incapacity. If the paper was served by mail, add 5 calendar days (CPLR 2103(b)(2)); by overnight courier, add 1 business day; by NYSCEF e-service, add 2 days (Uniform Rule 202.5-b(f)(2)). A deadline that lands on a weekend or New York court holiday rolls to the next business day.

What if the deadline falls on a weekend or holiday?

It rolls forward to the next business day under CPLR 2103(a) and General Construction Law §25-a. The calculator applies the roll automatically and flags the affected row.

Can the court extend this deadline?

Usually. CPLR 2004 lets a court extend most statutory deadlines on good cause shown, but an extension is discretionary and should never be assumed before it is granted. Individual part rules may also shorten the default period.