Notice of petition served

Triggering event: Notice of petition served. Once this happens in a New York civil action, 2 deadlines start running under the CPLR. The rules are listed below with the governing section. Enter your date to get the exact due dates, adjusted for the service method and rolled off weekends and New York court holidays.

DeadlinePeriodCPLR ruleNotes
Answer to petition due 6 calendar days after the triggering event CPLR 403(b) ↗ Article 4 — Special Proceedings At least 2 days before the hearing (≈ trigger + 6 on the 8-day track).
Earliest hearing date (min. notice) 8 calendar days after the triggering event CPLR 403(b) ↗ Article 4 — Special Proceedings Petition must be served at least 8 days before the hearing.

Calculate the deadline from your date

Enter the date of notice of petition served and how the paper was served. The result cites the rule and rolls weekends and NY court holidays forward.

Worked example: notice of petition served on Tuesday, September 15, 2026

If notice of petition 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.

DeadlinePersonal deliveryBy mail (+5 days)NYSCEF e-service (+2 days)
Answer to petition due Monday, September 21, 2026 Monday, September 28, 2026 Wednesday, September 23, 2026
Earliest hearing date (min. notice) Wednesday, September 23, 2026 Monday, September 28, 2026 Friday, September 25, 2026

Answer to petition due

6 calendar days after notice of petition served. At least 2 days before the hearing (≈ trigger + 6 on the 8-day track). Governing rule: CPLR 403(b) (Article 4, Special Proceedings).

Earliest hearing date (min. notice)

8 calendar days after notice of petition served. Petition must be served at least 8 days before the hearing. Governing rule: CPLR 403(b) (Article 4, Special Proceedings).

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 notice of petition served is the answer to petition due in New York?
6 calendar days after notice of petition served, under CPLR 403(b). At least 2 days before the hearing (≈ trigger + 6 on the 8-day track). 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.
How long after notice of petition served is the earliest hearing date (min. notice) in New York?
8 calendar days after notice of petition served, under CPLR 403(b). Petition must be served at least 8 days before the hearing. 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.

Other deadlines under Article 4 (Special Proceedings)

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.

Disclaimer: This tool is for informational purposes only and does not constitute legal advice. This site is not affiliated with the New York State Unified Court System. Verify all deadlines with the applicable CPLR provisions and consult qualified legal counsel.