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Home Taking a Case to the Court of Appeals

A brief explanation of how to take an appeal to the Court of Appeals follows. This explanation is a guide only and does not replace the need to consult pertinent statutes and other authority governing the appeals process in this Court. Only judgments or orders satisfying the criteria of the pertinent statutes are appealable.

Criminal Leave Applications

Except in cases involving the death penalty, no appeal as of right lies to the Court of Appeals from an order or judgment entered in a criminal proceeding. An application for leave to appeal in a criminal proceeding must comply with section 500.20 of the Court of Appeals Rules of Practice. A 30-day statutory time limit applies to such applications (see CPL 460.10[5]), and a request to extend that time limit (see CPL 460.30) is made by motion to the Court pursuant to section 500.21 of the Court's Rules.

For further information concerning criminal leave applications, please refer to the Criminal Leave Application outline, or call the Criminal Leave Applications Clerk at (518) 455-7784.

Civil Appeals as of Right

In a civil case, an appeal as of right is taken by serving a copy of the notice of appeal on your adversary and filing the original notice of appeal in the office where the order of the court of original instance is entered (CPLR 5515[1]). An appeal to the Court of Appeals by service and filing of a notice of appeal lies only if the order or judgment appealed is one for which CPLR 5601 permits an appeal as of right. If no ground exists under CPLR 5601 for an appeal as of right, a motion for leave to appeal under CPLR 5602 can be made.
A 30-day statutory time limit for taking a civil appeal runs from the date of service of the judgment or order sought to be appealed from, with written notice of its entry (see CPLR 5513[a]).
For further information concerning civil appeals, please refer to the Civil Practice Outline, or call an Assistant Deputy Clerk at (518) 455-7701 or 7702.

Motion for Leave to Appeal

A civil motion for leave to appeal must comply with sections 500.21 and 500.22 of the Court of Appeals Rules of Practice. The motion papers must include argument in support of the motion, a copy of the order or judgment and decision you seek to appeal, and a copy of any order or decision that was reviewed by the Appellate Division. You must serve a copy of the motion papers upon the attorney for the respondent and file with the Court an affidavit or other proof of the date of such service. Finally, you must establish that your motion was timely (see CPLR 5513 and 5514). A form for use by pro se litigants in moving for leave to appeal in a civil cases is available here.

For further information concerning motions for leave to appeal, please refer to the Civil Practice Outline, or call the Chief Motion Clerk at (518) 455-7705.

Rule 500.9 Preliminary Appeal Statement

Within 10 days after the time you file your notice of appeal or after leave to appeal is granted in a civil case or a certificate granting leave to appeal is issued in a criminal case, the appellant must file with the Clerk two copies of a Preliminary Appeal Statement, with proof of service of one copy on each other party (see Rule 500.9). The Preliminary Appeal Statement must be filed in both civil and criminal appeals. The Preliminary Appeal Statement form prescribed by the Court is available here.