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New York Civil Litigation: I LOST an Article 78 Proceeding : What are My deadlines for Appealing and/or Bringing Motion Renew

Asked almost 4 years ago - Brooklyn, NY

I am a pro se litigant who LOST an Article 78 proceeding; my understanding is that genrally I have thirty days to appeal, but I have heard that since the opposing, winning party SERVED me with the Notice of entry of the decision against me by MAIL, that this ADDS and increases the deadline for me to appeal this decision by TEN days? Is this correct?

What is the deadline for me to appeal this decision in these circumstances, and FROM WHAT DATE is it MEASURED -- from the date of the court's decision against me OR FROM the date which the opposing party MAILED the Notice of Entry to me, OR FROM the date when I RECEIVED that Notice of Entry from the opposing party?

Similarly, what would be the deadlines in thse circumstances wherein the opposing party served me with the Notice of Entry by mail, for me to bring a Motion to Renew and/or a Motion to Reargue?

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Attorney answers (1)

Stephen G DeNigris

Reputation Level 13

Answered over 3 years ago.

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See Article 55 of the NY CPLR. Specifically, Article 5513(a) sets forth the time frames for taking an appeal. As noted in that section, an appeal as of right 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, except that when the appellant has served a copy of the judgment or order and written notice of its entry, the appeal must be taken within thirty days thereof.

Article 55 in its entirety should be helpful to you.

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