Civil Practice Law & Rules 5514
CPLR 5514: Extension of time to take appeal or to move for permission to appeal
CPLR 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 motion is denied and, except for time limitations in section 5513, some other method of taking an appeal or of seeking permission to appeal is available, the time limited for such other method shall be computed from the dismissal or denial unless the court to which the appeal is sought to be taken orders otherwise.
(b) Disability of attorney.
If the attorney for an aggrieved party dies, is removed or suspended, or becomes physically or mentally incapacitated or otherwise disabled before the expiration of the time limited for taking an appeal or moving for permission to appeal without having done so, such appeal may be taken or such motion for permission to appeal may be served within sixty days from the date of death, removal or suspension, or commencement of such incapacity or disability.
(c) Other extensions of time; substitutions or omissions.
No extension of time shall be granted for taking an appeal or for moving for permission to appeal except as provided in this section, section 1022, or section 5520.
This section of the Civil Practice Law and Rules is provided as part of a free educational service by J. Douglas Barics, attorney at law for reference only. Statutes and codes such as CPLR 5514 are frequently amended, and no representation is made that the above version of CPLR 5514 is current. Updated statutes and codes may be available at the New York State Legislature Website. No statute should be relied on without understanding controlling case law which may further interpret it. An attorney should be consulted for legal advice.
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J. Douglas Barics, Esq. – Divorce, family, matrimonial, trial and appeals lawyer in Long Island, New York.