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 5520
Omissions; appeal by improper method
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 55
§ 5520. Omissions; appeal by improper method. (a) Omissions. If an
appellant either serves or files a timely notice of appeal or notice of
motion for permission to appeal, but neglects through mistake or
excusable neglect to do another required act within the time limited,
the court from or to which the appeal is taken or the court of original
instance may grant an extension of time for curing the omission.

(b) Appeal by permission instead of as of right. An appeal taken by
permission shall not be dismissed upon the ground that the appeal would
lie as of right and was not taken within the time limited for an appeal
as of right, provided the motion for permission was made within the time
limited for taking the appeal.

(c) Defects in form. Where a notice of appeal is premature or contains
an inaccurate description of the judgment or order appealed from, the
appellate court, in its discretion, when the interests of justice so
demand, may treat such a notice as valid.