New York Law (NYLE) Practice Exam

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

The time to appeal has started
The time to appeal has not yet begun
The time to appeal is extended by 30 days
The time to appeal is indefinite

The correct answer is: The time to appeal has not yet begun

When a party serves an order that is signed by the judge but has not yet been entered by the clerk, the time to file an appeal has not yet begun. This rule is grounded in the fact that an appeal can only be taken from an order that has been officially entered in the court records. Until the clerk has entered the order, it does not have the finality needed for an appeal. The entry of the order by the clerk is the crucial step that triggers the timeline for appealing. Consequently, the other options do not accurately reflect the procedural requirements: the time to appeal does not start until the order is entered, so it cannot be described as 'started,' extended, or indefinite. This understanding reinforces the importance of checking the status of an order's entry when considering filing an appeal.