§ 5520. Omissions; appeal by improper method. (a) Omissions. If an\nappellant either serves or files a timely notice of appeal or notice of\nmotion for permission to appeal, but neglects through mistake or\nexcusable neglect to do another required act within the time limited,\nthe court from or to which the appeal is taken or the court of original\ninstance may grant an extension of time for curing the omission.\n (b) Appeal by permission instead of as of right. An appeal taken by\npermission shall not be dismissed upon the ground that the appeal would\nlie as of right and was not taken within the time limited for an appeal\nas of right, provided the motion for permission was made within the time\nlimited for taking the appeal.\n (c) Defects in form. Where a notice of appeal is premature or contains\nan inaccurate description of the judgment or order appealed from, the\nappellate court, in its discretion, when the interests of justice so\ndemand, may treat such a notice as valid.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.