New York Civil Practice Law & Rules Article 55 - APPEALS GENERALLY
- 5501 - Scope of Review.
(a) Generally, from final judgment. An appeal from a final judgment brings up for review: 1. any non-final judgment or order which necessarily affects the...
- 5511 - Permissible Appellant and Respondent.
An aggrieved party or a person substituted for him may appeal from any appealable judgment or order except one entered upon the default of the...
- 5512 - Appealable Paper; Entry of Order Made Out of Court.
(a) Appealable paper. An initial appeal shall be taken from the judgment or order of the court of original instance and an appeal seeking review...
- 5513 - Time to Take Appeal, Cross-Appeal or Move for Permission to Appeal.
(a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon...
- 5514 - Extension of Time to Take Appeal or to Move for Permission to Appeal.
(a) Alternate method of appeal. If an appeal is taken or a motion for permission to appeal is made and such appeal is dismissed or...
- 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...
- R5516 - Motion for Permission to Appeal.
Rule 5516. Motion for permission to appeal. A motion for permission to appeal shall be noticed to be heard at a motion day at least...
- 5517 - Subsequent Orders.
(a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by: 1. the granting of a motion for reargument or the...
- 5518 - Preliminary Injunction or Temporary Restraining Order by Appellate Division.
The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission...
- 5519 - Stay of Enforcement.
(a) Stay without court order. Service upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to...
- 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...
- R5521 - Preferences.
Rule 5521. Preferences. (a) Preferences in the hearing of an appeal may be granted in the discretion of the court to which the appeal is...
- R5522 - Disposition of Appeal.
Rule 5522. Disposition of appeal. (a) A court to which an appeal is taken may reverse, affirm, or modify, wholly or in part, any judgment,...
- 5523 - Restitution.
A court reversing or modifying a final judgment or order or affirming such a reversal or modification may order restitution of property or rights lost...
- R5524 - Entry of Order; Remittitur and Further Proceedings.
Rule 5524. Entry of order; remittitur and further proceedings. (a) Entry of order in appellate court. An order of a court to which an appeal...
- R5525 - Preparation and Settlement of Transcript; Statement in Lieu of Transcript.
Rule 5525. Preparation and settlement of transcript; statement in lieu of transcript. (a) Preparation of transcript. Where a stenographic record of the proceedings is made,...
- R5526 - Content and Form of Record on Appeal.
Rule 5526. Content and form of record on appeal. The record on appeal from a final judgment shall consist of the notice of appeal, the...
- R5527 - Statement in Lieu of Record on Appeal.
Rule 5527. Statement in lieu of record on appeal. When the questions presented by an appeal can be determined without an examination of all the...
- R5528 - Content of Briefs and Appendices.
Rule 5528. Content of briefs and appendices. (a) Appellant's brief and appendix. The brief of the appellant shall contain in the following order: 1. a...
- R5529 - Form of Briefs and Appendices.
Rule 5529. Form of briefs and appendices. (a) Form of reproduction; size; paper; binding. 1. Briefs and appendices shall be reproduced by any method that...
- R5530 - Filing Record and Briefs; Service of Briefs.
Rule 5530. Filing record and briefs; service of briefs. (a) Generally. Within twenty days after settlement of the transcript or after settlement of the statement...
- R5531 - Description of Action.
Rule 5531. Description of action. The appellant shall file together with the record on appeal, in both criminal and civil actions, a statement containing the...
- R5532 - Stipulation in Lieu of Certification.
Rule 5532. Stipulation in lieu of certification. The parties or their attorneys may stipulate as to the correctness of the entire record on appeal or...
Last modified: February 3, 2019