Taking an appeal; notice of appeal
§ 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 or order of the court of original instance is entered except that where an order granting permission to appeal is made, the appeal is taken when such order is entered. A notice shall designate the party taking the appeal, the judgment or order or specific part of the judgment or order appealed from and the court to which the appeal is taken.
2. Whenever an appeal is taken to the court of appeals, a copy of the notice of appeal shall be sent forthwith to the clerk of the court of appeals by the clerk of the office where the notice of appeal is required to be filed pursuant to this section.
3. Where leave to appeal to the court of appeals is granted by permission of the appellate division, a copy of the order granting such permission to appeal shall be sent forthwith to the clerk of the court of appeals by the clerk of the appellate division.
1. You appeal by serving a notice of appeal on the adverse party AND filing it where the judgment/order was entered. (If the appeal is by permission, it's "taken" when the permission order is entered.) The notice must name: who is appealing, which judgment/order (or part) is appealed, and which court it's going to. ★
2. On an appeal to the Court of Appeals, the filing clerk must forthwith send a copy of the notice of appeal to the Court of Appeals clerk. ★ (Clerk duty.)
3. Where the Appellate Division grants leave to the Court of Appeals, its clerk sends a copy of the permission order to the Court of Appeals clerk forthwith.
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.