CPLR 5515: What a New York Notice of Appeal Must Contain

A New York appeal begins with a single document. CPLR 5515 tells you what that document must say, where it must be filed, and on whom it must be served. The statute is short, and the requirements look simple. In practice, the notice of appeal is where many appeals are narrowed or lost before a brief is ever written. A notice that omits a party, describes the wrong paper, or leaves out part of the order can limit what the appellate court may review. This page explains each element CPLR 5515 requires, the deadlines that run alongside it, and the practical steps to serve and file a notice that holds up.

The Text of CPLR 5515

CPLR 5515 provides that an appeal is taken by serving a notice of appeal on the adverse party and filing it in the office where the judgment or order of the court of original instance is entered. The one exception is an appeal from an Appellate Division order to the Court of Appeals, where the notice is filed with the clerk of the Appellate Division rather than the trial court clerk.

The statute then lists three things the notice must designate:

1. The party taking the appeal. Who is appealing.
2. The judgment or order, or the specific part of it, appealed from. What is being appealed.
3. The court to which the appeal is taken. Where the appeal is going.

Subdivision 2 of CPLR 5515 addresses appeals that require permission. When a court grants leave to appeal, the order granting leave is served and filed in place of a notice of appeal. That procedure is discussed below.

Everything else that a well-drafted notice contains, such as the caption, index number, and attorney signature block, comes from general pleading practice and court rules rather than from CPLR 5515 itself. But the three statutory designations are the ones that determine what the appellate court has jurisdiction to decide. For an overview of the appeal process as a whole, see our page on the notice of appeal in New York.

Element One: The Party Taking the Appeal

The notice must identify the appellant by name. In a two-party case this is straightforward. In a multi-party case it is not. If a notice says only that "defendants appeal" when there are three defendants represented by two different firms, the notice is ambiguous. A co-defendant who did not intend to appeal may be swept in, and a co-defendant who did intend to appeal may find that the respondent argues the notice does not cover them.

Name each appellant individually. If a corporation and its principal are both appealing, list both. If a party appears in more than one capacity, such as an executor who is also a beneficiary, state the capacity in which the appeal is taken.

The appellant must also be a party who is aggrieved by the judgment or order. A party who received all the relief it requested cannot appeal, even if it disagrees with the court's reasoning. A party who won on one claim and lost on another is aggrieved only as to the loss. The standing rules are set out in CPLR 5511, and we cover them in detail on our page about the aggrieved party requirement under CPLR 5511. A notice filed by a non-aggrieved party will be dismissed, and no amount of drafting care will cure that defect.

Element Two: The Judgment or Order Appealed From

This is the element that causes the most trouble. Three separate rules apply.

Appeal from the order or judgment, not the decision

New York courts distinguish between a decision, which explains the judge's reasoning, and the order or judgment, which is the signed and entered paper that carries legal effect. CPLR 5512(a) requires that an initial appeal be taken from the judgment or order of the court of original instance. A notice that purports to appeal from a "decision" is not an appeal from an appealable paper. Appellate courts have discretion under CPLR 5520(c) to treat a misdescribed notice as valid, but they are not required to do so, and the safer course is to identify the order or judgment by its date of signing and its date of entry.

A related problem is timing. If a notice is filed after the decision issues but before the order is entered, the notice is premature. Courts frequently treat a premature notice as valid once the order is entered, again under CPLR 5520(c), but you should not rely on that. Confirm entry with the county clerk, then file.

Describe the paper precisely

The notice should identify the court, the judge, the date the order or judgment was signed, the date it was entered, and the index number. For example: "the order of the Supreme Court, Kings County (Hon. Jane Doe, J.), dated March 3, 2025 and entered in the office of the Kings County Clerk on March 6, 2025." If the paper is a judgment, say judgment. If it is an order, say order. If the appeal is from a judgment entered on a jury verdict, say so, because that description signals what the appellate court will review.

Whole or part: the scope trap

CPLR 5515 permits the appellant to designate "the specific part" of the judgment or order appealed from. This is useful when a party won some relief and lost other relief and wants to appeal only the loss. But it is a double-edged tool. If the notice designates only part of the order, the appellate court will generally confine its review to that part. Arguments directed at portions of the order not designated in the notice may be disregarded.

Consider a worked example. A defendant moves for summary judgment dismissing three causes of action. The court dismisses the first cause of action and denies the motion as to the second and third. The defendant's notice of appeal states that it appeals "from so much of the order as denied summary judgment on the second cause of action." On appeal, the defendant's brief also argues that the third cause of action should have been dismissed. The respondent will move to strike that portion of the brief, and the Appellate Division may decline to reach it, because the notice limited the appeal to the second cause of action.

The lesson: unless there is a deliberate reason to limit the appeal, designate the order or judgment in full, using language such as "appeals from each and every part of the order, as well as the whole thereof." You can always abandon an issue in the brief. You cannot easily add one after the notice is filed and the deadline has passed.

Interaction with CPLR 5501

CPLR 5501(a)(1) provides that an appeal from a final judgment brings up for review any non-final order that necessarily affects the final judgment. So a party appealing from a final judgment can, in many cases, challenge an earlier order denying summary judgment or granting a motion to strike, without having separately appealed that order. The notice should still identify the judgment fully so there is no dispute about what is brought up. Where an intermediate order was separately appealed and that appeal was perfected and decided, the issue is settled and cannot be revisited on appeal from the final judgment.

Element Three: The Court to Which the Appeal Is Taken

New York's appellate structure has several tiers, and the notice must name the correct one.

• Appellate Division. Appeals from Supreme Court, County Court, Surrogate's Court, Family Court, and the Court of Claims go to the Appellate Division for the department in which the trial court sits. The First Department covers New York and Bronx Counties; the Second Department covers Kings, Queens, Richmond, Nassau, Suffolk, Westchester, Dutchess, Orange, Putnam, and Rockland Counties; the Third and Fourth Departments cover the remainder of the state.
• Appellate Term. In the First and Second Departments, appeals from the Civil Court of the City of New York, the District Courts, and City and Justice Courts generally go to the Appellate Term, not directly to the Appellate Division.
• Court of Appeals. Appeals from the Appellate Division go to the Court of Appeals, either as of right under CPLR 5601 or by permission under CPLR 5602.

The notice should state the court by its full name, for example "the Appellate Division of the Supreme Court, Second Judicial Department." Naming the wrong court is a defect that CPLR 5520(c) allows the court to correct, and appellate courts have transferred misdirected appeals rather than dismissing them. But a transfer costs time, and if the mistake is discovered late, it can complicate the perfection schedule.

Service and Filing Under CPLR 5515

CPLR 5515 requires two acts: service on the adverse party and filing in the office where the judgment or order was entered. Both must occur within the time limit. Doing one without the other is a defect, though CPLR 5520(a) gives the appellate court discretion to grant an extension or deem the appeal valid where a party timely did one but not the other.

Where to file

For a Supreme Court or County Court case, file with the County Clerk of the county where the order or judgment was entered. For a Family Court case, file with the clerk of that Family Court. For a Surrogate's Court case, file with the clerk of the Surrogate's Court. For an appeal from the Appellate Division to the Court of Appeals, file with the clerk of the Appellate Division that issued the order.

In a case that is subject to mandatory or consensual electronic filing under 22 NYCRR 202.5-b or 202.5-bb, the notice of appeal is filed through NYSCEF in the trial court. The Appellate Division then requires the appellant to open the appeal in the Appellate Division's own electronic filing system.

Filing fee

CPLR 8022(a) sets a $65 fee for filing a notice of appeal with the County Clerk in Supreme Court or County Court. The larger Appellate Division fee under CPLR 8022(b) is paid later, when the record or appendix is filed. Our page on the cost of an appeal breaks down these and other expenses.

Accompanying documents

The Appellate Division's statewide Practice Rules, at 22 NYCRR 1250.3(a), require that the notice of appeal be accompanied by a copy of the judgment or order appealed from, a copy of the underlying decision if there is one, and an informational statement on the form the court prescribes. The informational statement asks for the parties, counsel, the nature of the case, the relief sought, and whether a stay or related appeal exists. Filing the notice without these attachments may lead the clerk to reject the filing or mark it deficient.

For an appeal to the Court of Appeals, 22 NYCRR 500.9 requires a preliminary appeal statement to be filed within ten days after the notice of appeal or order granting leave is filed.

Service

Serve every adverse party, meaning every party whose interests are opposed to the appellant's on the issues being appealed. Service on the attorney of record is proper under CPLR 2103. In an e-filed case, filing through NYSCEF constitutes service on parties who have consented to e-filing. Keep the affidavit of service or the NYSCEF confirmation; you will need it if the timeliness of the notice is challenged.

Timing: The Deadline That Runs With the Notice

CPLR 5515 says what the notice must contain. CPLR 5513 says when it must be served and filed. Under CPLR 5513(a), a notice of appeal as of right must be served and filed within 30 days after service by a party of a copy of the judgment or order with written notice of its entry. If the appellant itself served the judgment or order with notice of entry, the 30 days runs from that service.

CPLR 5513(d) extends the period when the notice of entry is served by mail or overnight delivery. Five additional days are added for service by mail, and one business day for overnight delivery.

Worked example: The court signs an order on January 10. The County Clerk enters it on January 12. The prevailing party mails a copy of the order with notice of entry on January 15. The 30-day period runs from January 15 and is extended by five days for mail service, producing a deadline of February 19. The appellant must both serve and file the notice of appeal on or before February 19. If February 19 falls on a weekend or holiday, General Construction Law § 25-a carries the deadline to the next business day.

The 30-day period cannot be extended by stipulation, and the appellate court has almost no power to extend it. CPLR 5514(c) permits an extension only in narrow circumstances, such as the death or disability of the appellant's attorney. We cover the deadline rules and their exceptions on our page about the 30-day appeal deadline under CPLR 5513.

Cross-appeals

Under CPLR 5513(c), a party served with a notice of appeal may take a cross-appeal within ten days after that service, or within the ordinary 30-day period, whichever is longer. A cross-appeal is taken by serving and filing a notice of cross-appeal that satisfies the same three designations under CPLR 5515.

Appeals by Permission: CPLR 5515(2)

Some orders are not appealable as of right. Examples include many orders of the Appellate Division, which reach the Court of Appeals only with leave under CPLR 5602, and certain non-final orders in the trial courts. When leave is required and granted, CPLR 5515(2) provides that the appeal is taken by serving on the adverse party and filing the order granting permission, in the same office where a notice of appeal would otherwise be filed. The order granting leave functions as the notice.

The motion for leave itself is governed by CPLR 5602 and the rules of the court to which it is addressed. See our page on the motion for leave to appeal to the Court of Appeals under CPLR 5602 for the standards and timing.

What a Compliant Notice Looks Like

The table below sets out the components of a notice of appeal from a Supreme Court order to the Appellate Division, with the source of each requirement.

Component	Content	Source
Caption	Court, county, full party names, index number	CPLR 2101
Title	"Notice of Appeal"	Practice
Appellant	Each appealing party named individually, with capacity if relevant	CPLR 5515; CPLR 5511
Paper appealed from	Order or judgment, judge, date signed, date entered, clerk's office	CPLR 5515; CPLR 5512(a)
Scope	"Each and every part" or the specific part designated	CPLR 5515
Appellate court	Full name and department	CPLR 5515
Signature	Attorney of record, address, date	22 NYCRR 130-1.1-a
Attachments	Order or judgment, decision, informational statement	22 NYCRR 1250.3(a)
Proof of service	Affidavit of service or NYSCEF confirmation	CPLR 2103

Common Defects and Whether They Can Be Cured

CPLR 5520 is the safety valve. Subdivision (a) covers the situation where a party timely served but did not file, or timely filed but did not serve. Subdivision (c) gives the appellate court discretion to permit correction of omissions or defects in the notice. The court's discretion under CPLR 5520(c) is broad, but it has limits.

• Wrong appellate court named. Usually curable. The court may deem the notice amended or transfer the appeal.
• Appeal taken from the decision rather than the order. Often curable under CPLR 5520(c) if the order has been entered and the respondent is not prejudiced.
• Order misdated or misdescribed. Curable where the intended order is clear from the record.
• Only part of the order designated. Generally not curable after the deadline. The appellate court will typically hold the appellant to the scope stated in the notice.
• Appellant omitted. Generally not curable after the deadline. A party who did not file a notice cannot be added later.
• Notice served and filed late. Not curable except under CPLR 5514(c). The appeal will be dismissed.

If you have received or filed a notice with one of these problems, our page on defective notices of appeal in New York explains the motion practice involved in seeking a cure or a dismissal.

After the Notice Is Filed

Filing the notice does not stop the judgment from being enforced. A money judgment can be collected while the appeal is pending unless the appellant obtains a stay. CPLR 5519(a) provides an automatic stay in specified circumstances, including where the appellant posts an undertaking for the amount of a money judgment, and CPLR 5519(c) allows the court to grant a discretionary stay. Our pages on stays pending appeal under CPLR 5519 and on how to obtain a stay pending appeal address these options.

The notice also starts the clock on perfection. Under 22 NYCRR 1250.9(a), an appellant in the Appellate Division must perfect the appeal, by filing the record or appendix and the brief, within six months of the date of the notice of appeal. Extensions are available by stipulation or motion, but an appeal that is not perfected on time is subject to dismissal under 22 NYCRR 1250.10.

Practical Checklist Before You File

1. Confirm the order or judgment has been entered and obtain the entered copy from the clerk.
2. Calculate the deadline from the date of service of notice of entry, adding time under CPLR 5513(d) for the method of service.
3. Name every appellant individually and confirm each is aggrieved under CPLR 5511.
4. Describe the order or judgment by court, judge, date signed, and date entered.
5. State the scope. Unless there is a deliberate strategic reason, appeal from the whole.
6. Name the correct appellate court by full name and department.
7. Attach the order, the decision, and the informational statement required by 22 NYCRR 1250.3(a).
8. Pay the $65 fee under CPLR 8022(a).
9. Serve every adverse party and retain proof of service.
10. Calendar the six-month perfection deadline and evaluate whether a stay is needed.

You can contact the Law Offices of Albert Goodwin by phone at 212-233-1233 or by email at [email protected].