Notice of Entry in the NYSCEF Era
Now that NYSCEF is standard for appeals throughout the state, serving notice of entry is easier than ever. But variation among the judicial departments has created confusion and opened the possibility for gamesmanship.
August 19, 2022 at 02:00 PM
5 minute read
Civil Procedure
A warning to appellate attorneys: Notice of entry may not be where you think it is.
Appellate litigators know that while the notice of entry of an order isn't the most exciting part of a case, it is crucial. Under CPLR 5513, the clock for filing an appeal from an adverse decision starts to run when notice of entry is served. Attorneys who miss the fact that notice of entry was served can find themselves with an untimely appeal.
Now that NYSCEF is standard for appeals throughout the state, serving notice of entry is easier than ever. But variation among the judicial departments has created confusion and opened the possibility for gamesmanship. Attorneys, particularly those brought in for an appeal, need to be on guard.
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