Selected statutes on appellate review:
No interlocutory appeals in Family Court custody cases
except by permission:
FCA § 1112. Appealable orders
a. An appeal may be taken as of right from any order
of disposition and, in the discretion of the appropriate appellate division,
from any other order under this act. An appeal from an intermediate or final
order or decision in a case involving abuse or neglect may be taken as of right
to the appellate division of the supreme court and shall have preference over
all other matters. Pending the determination of such appeal, such order or
decision shall be stayed where the effect of such order or decision would be to
discharge the child, if the family court or the court before which such appeal
is pending finds that such a stay is necessary to avoid imminent risk to the
child's life or health.
* * *
Time for appeal in Supreme Court:
CPLR § 5513. Time to take appeal, cross-appeal or move for permission to
appeal
(a) Time to take appeal as of right. An appeal as of
right must be taken within 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, [fig 1] the appeal must be taken
within 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 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 time shall be computed from the
date of such service. A motion for permission to appeal must be made within
thirty days.
(c) Additional time where adverse party takes appeal or moves for
permission to appeal. A party upon whom the adverse party has served a notice
of appeal or motion papers on a motion for permission to appeal may take an
appeal or make a motion for permission to appeal within ten days after such
service or within the time limited by subdivision (a) or (b) of this section,
whichever is longer, if such appeal or motion is otherwise available to [fig 1]
such party.
(d) Additional time where service of judgment or order and notice of entry
is served by mail or overnight delivery service. Where service of the judgment
or order to be appealed from and written notice of its entry is made by mail
pursuant to paragraph two of subdivision (b) of rule twenty-one hundred three
or by overnight delivery service pursuant to paragraph six of subdivision (b)
of rule twenty-one hundred three of this chapter, the additional days provided
by such paragraphs shall apply to this action, regardless of which party serves
the judgment or order with notice of entry.
Time for appeal in Family Court:
FCA § 1113. Time of appeal
An appeal under this article must be taken no later than thirty
days after the service by a party or the law guardian upon the appellant of any
order from which the appeal is taken, thirty days from receipt of the order by
the appellant in court or thirty-five days from the mailing of the order to the
appellant by the clerk of the court, whichever is earliest.
All such orders shall contain the following statement in conspicuous print:
"Pursuant to section 1113 of the family court act, an appeal must be taken
within thirty days of receipt of the order by appellant in court, thirty-five
days from the mailing of the order to the appellant by the clerk of the court,
or thirty days after service by a party or law guardian upon the appellant,
whichever is earliest." When service of the order is made by the court,
the time to take an appeal shall not commence unless the order contains such
statement and there is an official notation in the court record as to the date
and the manner of service of the order.
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