How long do I have to file a motion for leave to appeal to the Court of Appeals?
The New York State Court of Appeals will accept a motion for leave to appeal within 30 days (+5 for mailing) from the date the Appellate Division order/decision is served with notice of entry. Motions are returnable on a Monday, unless Monday is a legal holiday. If we are personally serving the motion, movant shall give at least 8 days notice. Overnight service allows for 9 days service and regular mail allows for 13 days notice. The motion and supporting papers must be in the Court no later than 12:00 in the afternoon on the Friday before the return date. Opposition to a motion for leave must be in the Court, with proof of service, on or before the return date.
- The court of appeals has just dismissed my appeal for failing to file a praecipe, the record or the brief. What can I do to save my appeal?
- My opponents petition was granted and the court of appeals decision was overturned. Can I file a motion for rehearing?
- Where do I file the notice of appeal when taking an appeal as of right to the Court of Appeals?