Legal Question in Business Law in New York
Can you file a Notice of Appeal for an Order if you have not yet received a written notice of its entry?
Is so, can you use the copy of the Decision and Order that was provided to you in court during the hearing?
Asked on 7/15/16, 11:11 am
1 Answer from Attorneys
Marshall Isaacs
Marshall R. Isaacs, Attorney At Law
No, a Notice of Appeal cannot be served until it has been stamped, "entered " by the clerk. The prevailing party is responsible for serving the order with notice of entry; however, the losing party may serve it in order to jump-start the appeal process.
If it means anything, this is one of the strangest procedures in New York civil practice. Frequently, orders sit for weeks if not months before being entered. It's enough to drIve a person crazy when he or she is anxiously waiting to see a bad decision overturned.
Answered on 7/16/16, 6:03 am
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