PROPOSAL TO AMEND CPLR 5512, 5513 AND 5515

AN ACT to amend the civil practice law and rules, in relation to the time to take an appeal

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Section 5512 of the civil practice law and rules is amended by adding a new subdivision (c) as follows:
(c) Appeal from judgment or order prior to entry. An appeal may be taken from a judgment or order that is otherwise appealable even though such judgment or order has not yet been entered.

§2. Subdivisions (a) and (b) of Section 5513 of the civil practice law and rules are amended to read as follows:

(a) Time to take appeal as of right. An appeal as of right must be taken within not later than 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 not later than 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 A motion for permission to appeal must be made not later than thirty days after 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 motion must be made not later than thirty days thereafter. A motion for permission to appeal must be made within thirty days.

§3. Subdivision 1 of Section 5515 of the civil practice law and rules is amended to read as follows:

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 or is to be 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.

§4. This act shall take effect immediately and shall apply to all orders and judgments signed on or after the date on which it shall become a law.