How do I determine when an appeal is “taken” to satisfy the requirement for filing a Rule 500.9 preliminary appeal statement within “10 days from the time the appeal is taken”?
In civil cases, an appeal is taken “by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance is entered except that where an order granting permission to appeal is made, the appeal is taken when such order is entered” (CPLR 5515[1]). Orders of the Court of Appeals granting leave to appeal in civil cases are entered on the date they are issued. In criminal cases, “the issuance of the certificate granting leave to appeal shall constitute the taking of the appeal” (CPL 460.10[5][b]).
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