![]() Since the plaintiff neither served nor filed a notice of appeal by that deadline, his appeal was untimely. The plaintiff was therefore required to file a notice of appeal by Sept. There, the defendants electronically served the order on appeal with notice of entry on Aug. 13, 2018), illustrates the potential pitfalls associated with electronic service of a notice of entry. Uploading a previously mail-served notice of entry to the NYSCEF site does not constitute additional service thereof. Typically, this entails service by regular mail, which enlarges the 30-day appeal time by adding five extra days for a total of 35 days. A party may serve such documents electronically by filing them with the NYSCEF site and thus causing transmission by the site of notification of receipt of the documents, which shall constitute service thereof by the filer.Īlternatively, a party in an e-filed case may serve a notice of entry by any method set forth in CPLR 2103(b)(1-6). 202.5-b(h)(2) (emphasis added):Ī party shall serve notice of entry of an order or judgment on another party by serving a copy of the judgment or order and written notice of its entry. The pertinent provision is found at 22 N.Y.C.R.R. In e-filed cases, this may be accomplished by electronically filing a copy of the judgment or order and written notice of its entry on the NYSCEF site, which constitutes service thereof and triggers the 30-day appeal time. Instead, pursuant to CPLR 5513(a), a party must serve a copy of the order of judgment with notice of entry. Upon the entry of a judgment or order in this manner, the NYSCEF site transmits a notification of receipt of such entry to the parties’ e-mail service addresses, but this does not constitute service of a notice of entry by any party. In an action subject to e-filing, the County Clerk enters judgments and orders by electronically filing them on the NYSCEF site. No other method of service of the notice of entry is necessary to trigger the 30-day appeal time. Specifically, electronically filing a copy of a judgment or order and written notice of its entry on the NYSCEF site constitutes service thereof by the filer, which then starts the 30-day time period within which to take an appeal by serving a notice of appeal. ![]() The advent of electronic filing of court papers in the New York State Courts Electronic Filing (NYSCEF) system creates a potential pitfall in taking a timely appeal. Runcible Properties Corp., 33 N.Y.2d 637 (1973)), or by the court, except on the extremely limited grounds enumerated in CPLR 5514(c). This time period may not be extended by stipulation of the parties (see Haverstraw Park, Inc. “The time period for filing a notice of appeal is nonwaivable and jurisdictional.” See Jones Sledzik Garneau & Nardone v. Protective as the courts are with regard to a party’s right to appeal, however, an untimely notice of appeal is fatal. Under CPLR 5520(c), mistakes in form or content may be (and generally are) excused unless their forgiveness would prejudice another party’s substantive rights. With regard to the notice of appeal, timeliness is the overriding concern. CPLR 5513(d) affords the appellant the additional time under CPLR 2103(b) even though the appellant itself serves the judgment or order, with notice of entry, on the prevailing party. If service is made by regular mail, five days are added to the appeal period one business day is added for service by overnight delivery. Unless the judgment or order requires service by a particular method to commence the running of the 30-day appeal period, service by the prevailing party of a copy of the judgment or order, with notice of entry, will trigger the time to appeal. An appeal must be taken “within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice of its entry.” CPLR 5513. An appeal is “taken” by “serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance is entered.” CPLR 5515.
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