Legal Question in Civil Litigation in New York

Pro Se Lost Article 78 Proceding: How Much Time To Appeal

I am a pro se litigant who LOST an Article 78 proceeding; my understanding is that genrally I have thirty days to appeal, but I have heard that since the opposing, winning party SERVED me with the Notice of entry of the decision against me by MAIL, that this ADDS and increases the deadline for me to appeal this decision by TEN days? Is this correct?

What is the deadline for me to appeal this decision in these circumstances, and FROM WHAT DATE is it MEASURED -- from the date of the court's decision against me OR FROM the date which the opposing party MAILED the Notice of Entry to me, OR FROM the date when I RECEIVED that Notice of Entry from the opposing party?

Similarly, what would be the deadlines in thse circumstances wherein the opposing party served me with the Notice of Entry by mail, for me to bring a Motion to Renew and/or a Motion to Reargue?


Asked on 5/09/08, 1:25 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Re: Pro Se Lost Article 78 Proceding: How Much Time To Appeal

Q. winning party SERVED me with the Notice of entry of the decision against me by MAIL, that this ADDS and increases the deadline for me to appeal this decision by TEN days? Is this correct?

A. No. Mail adds 5 days.

Q. What is the deadline for me to appeal this decision in these circumstances, and FROM WHAT DATE is it MEASURED -- from the date of the court's decision against me OR FROM the date which the opposing party MAILED the Notice of Entry to me, OR FROM the date when I RECEIVED that Notice of Entry from the opposing party?

A. From the date the Notice of Entry is mailed.

Q. what would be the deadlines in thse circumstances wherein the opposing party served me with the Notice of Entry by mail, for me to bring a Motion to Renew and/or a Motion to Reargue?

A. It depends on what type of motion you are bringing. Motion to Reargue is generally 30 days. However, a motion to reargue is not appealable.

Mike.

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Answered on 5/09/08, 8:20 am


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