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JURISDICTION: NEW YORK

This template applies to New York State courts (Supreme, Family, Appellate Division) governed by CPLR, DRL, FCA, and 22 NYCRR.

NOTICE OF APPEAL

[NY][CPLR] Appeal to Appellate Division Pursuant to CPLR Article 55

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Critical Timing and Prerequisites

STRICT DEADLINES - MISS THESE AND LOSE YOUR APPEAL:

1. 30-day deadline: File notice of appeal within 30 days of service of notice of entry with written order (CPLR §5513(a))

   • Clock starts from service of "Notice of Entry" - NOT from decision date
   • If no notice of entry served, 5 years from entry of judgment
   • Extensions rarely granted; deadline is jurisdictional

2. Preserve issues below: Must have made contemporaneous objection/motion in trial court

   • Can't raise new issues on appeal
   • Exception: subject matter jurisdiction, questions of law from undisputed facts

3. File in correct court:

   • Supreme Court → Appellate Division for your department
   • Family Court → Appellate Division (check FCA for which orders are appealable)
   • Confirm which department has jurisdiction over your county

4. Serve all parties: Notice of appeal must be served on all parties and filed with trial court clerk

NOTICE OF APPEAL

PLEASE TAKE NOTICE that {{Appellant Name}}, {{role}}, hereby appeals to the Appellate Division, {{First/Second/Third/Fourth}} Department, from:

{{Description of order/judgment - e.g., "the order of this Court (Hon. [Judge Name], J.S.C.), dated [date] and entered [date] in the Office of the Clerk of [County] County, which [granted defendant's motion to dismiss / denied plaintiff's motion for summary judgment / etc.]"}}

The Notice of Entry of the {{order/judgment}} was served on {{Appellant Name}} on {{date}}.

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ISSUES ON APPEAL

The issues to be raised on appeal include, but are not limited to:

1. {{Issue 1 - e.g., "Whether the trial court erred in granting defendant's motion to dismiss for failure to state a claim under CPLR §3211(a)(7)"}}

2. {{Issue 2 - e.g., "Whether the trial court violated CPLR §2219(a) by failing to state grounds for the decision or specify papers considered"}}

3. {{Issue 3 - e.g., "Whether the trial court's ruling deprived appellant of due process by [specify]"}}

4. Such other issues as may appear from the record on appeal.

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{{#if stay_requested}}

STAY OF ENFORCEMENT

PLEASE TAKE FURTHER NOTICE that appellant intends to move for a stay of enforcement of the {{order/judgment}} pending determination of this appeal pursuant to CPLR §5519. {{/if}}

{{#if poor_person_relief}}

POOR PERSON RELIEF

PLEASE TAKE FURTHER NOTICE that appellant intends to move for leave to proceed as a poor person pursuant to CPLR §1101 and for assignment of counsel. {{/if}}

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Dated: {{Date}}

Respectfully submitted,

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{{Your Signature}} {{Your Name}} {{Pro Se / Attorney for Appellant}} {{Address}} {{Phone}} {{Email}}

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CERTIFICATE OF SERVICE

I hereby certify that on {{date}}, I served a true and correct copy of the foregoing Notice of Appeal upon:

{{Opposing Party/Counsel Name}} {{Address}}

by {{method of service - NYSCEF electronic filing / first-class mail / certified mail, return receipt requested / personal service}}.

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{{Your Signature}} {{Your Name}}

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TO: {{Opposing Counsel/Party Name}} {{Address}}

AND TO: Clerk of the Appellate Division {{First/Second/Third/Fourth}} Department {{Address}}

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Authorities:

• CPLR §5515 (notice of appeal - form and content)
• CPLR §5513 (time to appeal - 30 days from service of notice of entry)
• CPLR §5519 (stays pending appeal)
• CPLR §1101 (poor person relief)
• CPLR §5701 (appeals as of right; permission required)

Next Steps:

• Perfect appeal within time specified by Appellate Division (typically 9 months)
• Order transcripts (CPLR §5525)
• Prepare record on appeal (CPLR §5526)
• File appellant's brief per Appellate Division rules