S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6177
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                    March 15, 2013
                                      ___________
       Introduced by M. of A. CUSICK -- read once and referred to the Committee
         on Judiciary
       AN ACT to amend the civil practice law and rules, in relation to appeals
         of proceedings against a body or officer
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivisions (a) and (b) of section 5513 of the civil prac-
    2  tice law and rules, as amended by chapter 214 of the laws of  1996,  are
    3  amended to read as follows:
    4    (a)  Time  to  take  appeal as of right. An appeal as of right must be
    5  taken within thirty days after service by a party upon the appellant  of
    6  a  copy of the judgment or order appealed from and written notice of its
    7  entry, except that when the appellant has served a copy of the  judgment
    8  or order and written notice of its entry, the appeal must be taken with-
    9  in  thirty  days thereof; PROVIDED, HOWEVER, THAT, AN APPEAL AS OF RIGHT
   10  OF A PROCEEDING CONDUCTED PURSUANT  TO  ARTICLE  SEVENTY-EIGHT  OF  THIS
   11  CHAPTER MUST BE TAKEN WITHIN TWO YEARS AFTER SERVICE BY A PARTY UPON THE
   12  APPELLANT  OF  A COPY OF THE JUDGMENT OR ORDER APPEALED FROM AND WRITTEN
   13  NOTICE OF ITS ENTRY, EXCEPT THAT WHEN THE APPELLANT HAS SERVED A COPY OF
   14  THE JUDGMENT OR ORDER AND WRITTEN NOTICE OF ITS ENTRY, THE  APPEAL  MUST
   15  BE TAKEN WITHIN TWO YEARS THEREOF.
   16    (b)  Time  to  move  for permission to appeal. The time within which a
   17  motion for permission to appeal must be made shall be computed from  the
   18  date  of  service by a party upon the party seeking permission of a copy
   19  of the judgment or order to be appealed from and written notice  of  its
   20  entry,  or,  where  permission  has  already been denied by order of the
   21  court whose determination is sought to be reviewed, of a  copy  of  such
   22  order and written notice of its entry, except that when such party seek-
   23  ing permission to appeal has served a copy of such judgment or order and
   24  written notice of its entry, the time shall be computed from the date of
   25  such  service.  A  motion  for  permission to appeal must be made within
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05455-01-3
       A. 6177                             2
    1  thirty days; PROVIDED, HOWEVER, THAT IN THE  CASE  OF  AN  APPEAL  OF  A
    2  PROCEEDING  CONDUCTED PURSUANT TO ARTICLE SEVENTY-EIGHT OF THIS CHAPTER,
    3  SUCH MOTION MUST BE MADE WITHIN TWO YEARS.
    4    S  2.  This  act  shall  take  effect  immediately  and shall apply to
    5  proceedings commenced pursuant to article 78 of the civil  practice  law
    6  and rules on or after such effective date.