Section 5513. Time to take appeal, cross-appeal or move for permission to appeal  


Latest version.
  • (a) Time to take appeal as of right. An appeal as of right must
      be taken within thirty days after service by a party upon the  appellant
      of  a  copy of the judgment or order appealed from and written notice of
      its entry, except that when the appellant  has  served  a  copy  of  the
      judgment  or  order  and written notice of its entry, the appeal must be
      taken within thirty days thereof.
        (b) Time to move for permission to appeal. The  time  within  which  a
      motion  for permission to appeal must be made shall be computed from the
      date of service by a party upon the party seeking permission of  a  copy
      of  the  judgment or order to be appealed from and written notice of its
      entry, or, where permission has already been  denied  by  order  of  the
      court  whose  determination  is sought to be reviewed, of a copy of such
      order and written notice of its  entry,  except  that  when  such  party
      seeking permission to appeal has served a copy of such judgment or order
      and  written  notice  of  its entry, the time shall be computed from the
      date of such service. A motion for permission to  appeal  must  be  made
      within thirty days.
        (c)  Additional  time  where  adverse  party takes appeal or moves for
      permission to appeal. A party upon whom the adverse party has  served  a
      notice  of  appeal or motion papers on a motion for permission to appeal
      may take an appeal or make a motion for permission to appeal within  ten
      days after such service or within the time limited by subdivision (a) or
      (b)  of  this  section, whichever is longer, if such appeal or motion is
      otherwise available to such party.
        (d) Additional time where service of judgment or order and  notice  of
      entry  is served by mail or overnight delivery service. Where service of
      the judgment or order to be appealed from  and  written  notice  of  its
      entry  is  made  by mail pursuant to paragraph two of subdivision (b) of
      rule twenty-one hundred three or by overnight delivery service  pursuant
      to  paragraph six of subdivision (b) of rule twenty-one hundred three of
      this chapter, the additional days  provided  by  such  paragraphs  shall
      apply  to  this action, regardless of which party serves the judgment or
      order with notice of entry.