Order / judgment served with notice of entry (appeal)
Triggering event: Order / judgment served with notice of entry (appeal). 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.
| Deadline | Period | CPLR rule | Notes |
|---|---|---|---|
| Notice of appeal — as of right | 30 calendar days after the triggering event | CPLR 5513(a) ↗ Article 55 — Appeals Generally | Within 30 days after service of a copy of the judgment/order with written notice of entry. |
| Motion for permission to appeal | 30 calendar days after the triggering event | CPLR 5513(b) ↗ Article 55 — Appeals Generally | Within 30 days computed from service of a copy of the judgment/order with notice of entry. |
Worked example: order / judgment served with notice of entry (appeal) on Tuesday, September 15, 2026
If order / judgment served with notice of entry (appeal) 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) |
|---|---|---|---|
| Notice of appeal — as of right | Thursday, October 15, 2026 | Tuesday, October 20, 2026 | Monday, October 19, 2026 |
| Motion for permission to appeal | Thursday, October 15, 2026 | Tuesday, October 20, 2026 | Monday, October 19, 2026 |
Notice of appeal — as of right
30 calendar days after order / judgment served with notice of entry (appeal). Within 30 days after service of a copy of the judgment/order with written notice of entry. Governing rule: CPLR 5513(a) (Article 55, Appeals Generally).
Motion for permission to appeal
30 calendar days after order / judgment served with notice of entry (appeal). Within 30 days computed from service of a copy of the judgment/order with notice of entry. Governing rule: CPLR 5513(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 order / judgment served with notice of entry (appeal) is the notice of appeal — as of right in New York?
How long after order / judgment served with notice of entry (appeal) is the motion for permission to appeal 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.