New York Law (NYLE) Practice Exam

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What happens when you serve a motion of appeal that has been signed by a judge but not yet entered by the clerk?

The appeal is automatically valid
The time for appeal has started
The time has not begun to run
The case is dismissed

The correct answer is: The time has not begun to run

When a motion of appeal has been signed by a judge but has not yet been entered by the clerk, the time for appeal has not begun to run. In New York law, the commencement of the appeal process is contingent upon the entry of the order or judgment being appealed. A signed motion indicates the judge's approval, but until the clerk officially enters that order, the appeal is not yet formally recognized in the legal system. This distinction is important because the timeline for filing an appeal is strictly governed by procedural rules. The time frame to file an appeal only starts once the order has been entered. This means that until that point, the appealing party has not yet begun the timeline for taking further legal action regarding the appeal process.