New York Law (NYLE) Practice Exam

Disable ads (and more) with a membership for a one time $2.99 payment

Prepare for the New York Law Exam with interactive study tools and comprehensive multiple-choice quizzes. Enhance your understanding with detailed explanations and tips to excel in your NYLE. Get ready to ace your exam!

Each practice test/flash card set has 50 randomly selected questions from a bank of over 500. You'll get a new set of questions each time!

Practice this question and more.

If a party serves an order that is signed by the judge but has not been entered by the clerk, what happens to the time to file an appeal from that order?

Has not begun to run.
Will run from the date the order was entered.
Will run from the date the order was served.
Will begin to run once the adverse party receives the order.

The correct answer is: Has not begun to run.

The time to file an appeal from an order that has been signed by the judge but not yet entered by the clerk has not begun to run. In New York, the appellate process is governed by specific rules that stipulate that the clock for filing an appeal starts only once the order has been formally entered by the clerk. In this case, since the order has not been entered, the relevant deadlines for filing an appeal are not in effect. The significance of the entry by the clerk is crucial because it provides official notice and establishes the finality of the order. Without entry, the order is not considered complete for the purposes of appeal, and thus, the time limit for the appeal does not start. Other options suggest that various events related to the serving or entering of the order would trigger the appeal timeline, but these do not align with the procedural rules in New York regarding the entry of orders and the timelines for appeals.