Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 5515
Taking an appeal; notice of appeal
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
§ 5515. Taking an appeal; notice of appeal.

1. An appeal shall be 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 except that where an order
granting permission to appeal is made, the appeal is taken when such
order is entered. A notice shall designate the party taking the appeal,
the judgment or order or specific part of the judgment or order appealed
from and the court to which the appeal is taken.

2. Whenever an appeal is taken to the court of appeals, a copy of the
notice of appeal shall be sent forthwith to the clerk of the court of
appeals by the clerk of the office where the notice of appeal is
required to be filed pursuant to this section.

3. Where leave to appeal to the court of appeals is granted by
permission of the appellate division, a copy of the order granting such
permission to appeal shall be sent forthwith to the clerk of the court
of appeals by the clerk of the appellate division.