CIV-GP-67A – Notice of Appeal

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-GP-67A Notice of Appeal?

The CIV-GP-67A Notice of Appeal is the form you file to start an appeal from a judgment or final order issued by the Civil Court of the City of New York. Filing this form tells the court system that you are challenging the decision and want a higher court to review it. In New York City civil cases, appeals from the Civil Court go to the Appellate Term of the Supreme Court. The Appellate Term that reviews your case depends on the county where your case was heard.

You typically use this form if you lost on one or more issues and believe the Civil Court made an error. You might be challenging a money judgment, a dismissal of your claim, an award of possession in a housing case, or an order that ends your case. The notice is a short, procedural filing. It does not explain your arguments. It preserves your right to have the Appellate Term review what happened in the Civil Court.

Who typically uses this form?

enants and landlords from Housing Court matters. Consumers and creditors in debt cases. Small businesses are involved in contract disputes. Personal injury plaintiffs or defendants. Parties in Small Claims and Commercial Claims matters. Self-represented litigants and attorneys both use this form.

Why would you need this form?

Because appeals in New York are deadline-driven and jurisdictional. If you do not file a proper notice of appeal on time, the appellate court cannot hear your case. The notice of appeal starts the process. Without it, you cannot proceed to transcripts, records, or briefs. It is the first and essential step, even if you plan to seek a settlement or reconsideration later.

Typical usage scenarios include:

• You received a money judgment against you after a bench trial. You believe the court applied the wrong law. You file the notice of appeal to seek review.
• Your case was dismissed on a pretrial motion. You think the court misread the statute. You file the notice to preserve your right to challenge the dismissal.
• In a housing case, the court awarded possession to your landlord. You need appellate review and may seek a stay to pause the eviction. The notice of appeal is required to pursue that relief.
• In Small Claims, the judge entered judgment against you after a hearing. You believe a legal error occurred. You file the notice to begin the appeal, and you plan to order the audio or transcript.

In short, the CIV-GP-67A is the gateway to appellate review. It is simple to fill out, but the timing, service, and filing steps matter. Done correctly and on time, it secures your place in the appellate process.

When Would You Use a CIV-GP-67A Notice of Appeal?

Use this form after the Civil Court enters a final judgment or a final order that ends your case or a discrete claim. The most common trigger is when a party serves you with the judgment or order and a notice of entry. That service starts the appeal clock. You should act promptly. In most civil matters, you have 30 days from service with notice of entry. If the service is by mail, you generally have a few additional days. If you are unsure, assume the shortest deadline and move quickly.

If you are a tenant who lost a summary proceeding, you would use this form to appeal the judgment of possession or a final order dismissing your defenses. If you are a landlord, you would use it to appeal a final order that dismissed your petition or denied a warrant after trial. If you are a consumer sued on a credit card account and you lost on summary judgment, you would file the notice to challenge the decision. If you are a small business owner whose breach of contract claim was dismissed, you would use the form to appeal that dismissal. If you are a Small Claims litigant, you would use the form to appeal the judgment, keeping in mind that Small Claims appeals have special standards and record requirements.

You would also use the form if the order you want to challenge effectively ends your rights in the Civil Court, even if the paperwork calls it an “order” rather than a “judgment.” Some interlocutory orders can be appealed only after final judgment. Others require permission. If you are appealing from an order that does not end the case, get legal advice on whether you need permission. If the order is final as to you or your claim, the CIV-GP-67A is appropriate.

A key timing point: Do not rely on when the judge announced the decision in court. The clock usually runs from service of the written judgment or order with notice of entry. If the clerk serves the judgment, the clock runs from that mailing. Save the envelope and the notice. The date you received it matters when you calculate deadlines.

One more practical point: Filing the notice of appeal does not stop enforcement. If you face collection, garnishment, or eviction, you must pursue a stay. In housing matters, that often means an application for a stay and, in some cases, depositing ongoing use and occupancy or posting an undertaking. Plan for these steps when you decide to appeal.

Legal Characteristics of the CIV-GP-67A Notice of Appeal

The notice of appeal is a jurisdictional document. It is not a contract and does not bind parties by consent. Instead, it invokes the appellate court’s authority to review the Civil Court’s decision. The Appellate Term’s power to hear your case depends on a timely and correct notice of appeal. If you miss the deadline or fail to serve and file properly, the appellate court may dismiss your appeal without reaching the merits.

What makes it effective?

Proper content, proper service, and proper filing within the time limit. The document must identify the case, the parties, the court, the judgment or order appealed from, the date it was entered, and the court to which you appeal. It must be signed by you or your attorney. You must serve it on all other parties or their attorneys. Service must be done by someone who is at least 18 and not a party. You then file the original notice with the Civil Court clerk, along with proof of service and the required fee or a fee waiver. Once those steps are complete, your appeal is “taken.”

The notice of appeal does not set out your legal arguments. You will present arguments later in your appellate brief. But the notice can define the scope of your appeal. If you appeal only part of the judgment or only a specific order, the appellate court limits its review to what you specify. If you intend to challenge the entire judgment, say so clearly in the notice.

The notice does not stay enforcement. You may need an order that stays the execution of the judgment or stays the eviction. That can require an undertaking or other conditions. In housing cases, a stay may require ongoing payments. In money judgments, an undertaking may be needed to stop enforcement while you appeal. If you need a stay, act immediately after filing your notice.

You will also face follow-on requirements after filing the notice. You must prepare and file the record on appeal, order transcripts, and submit briefs. Those steps have separate deadlines set by the Appellate Term in your department. If you do not perfect your appeal on time, the appeal can be dismissed. Track those deadlines as soon as you file the notice.

Finally, consider cost and access. Filing fees apply, and transcripts cost money. If you cannot afford fees, you can seek poor person relief under New York’s rules. That relief can cover fees and, in some cases, transcript costs. Ask for it early if needed, because it can affect the timing of transcript orders and your perfection schedule.

How to Fill Out a CIV-GP-67A Notice of Appeal

Follow these steps to complete, serve, and file the form correctly. Move step by step. Keep copies of everything.

Step 1: Confirm your deadline

• Find the date you were served with the judgment or order and notice of entry. This is often a stamped document with a proof of service.
• In most cases, you have 30 days from the date of the service to take an appeal. If the service is by mail, you generally have a few extra days.
• If the clerk mailed the judgment, the time runs from that mailing. Save the envelope and the clerk’s notice.
• Do not wait until the last day. Aim to serve and file within two weeks.

Step 2: Identify the correct appellate department

• Appeals from New York County and Bronx County go to the Appellate Term, First Department.
• Appeals from Kings County, Queens County, and Richmond County go to the Appellate Term, Second Department.
• You will state this on the notice. Use the department that covers the county of your Civil Court case.

Step 3: Gather the key details from your case papers

• Case caption. Copy the parties’ names exactly as they appear on the judgment or order. Do not change the order or spelling.
• Index or docket number. Civil Court cases use a specific index or calendar number. Copy it exactly.
• County and part. Note the county (e.g., Kings) and the part or housing part if applicable.
• The judge’s name and the date the judgment or order was entered.
• The type of decision you are appealing (judgment after trial, order on motion, final order in a summary proceeding, etc.).

Step 4: Decide what you will appeal

• Entire judgment or only part. If you intend to challenge the entire judgment, say you appeal “from the judgment in its entirety.”
• If you only appeal specific portions, identify them, such as “the portion awarding possession” or “the portion dismissing the second cause of action.”
• When in doubt, appealing from the entire judgment preserves more issues. But be precise if you know your focus is narrow.

Step 5: Complete the caption on the form

• At the top, list “Civil Court of the City of New York,” and include the county.
• Enter the full case caption. Use “Plaintiff/Petitioner” and “Defendant/Respondent” the same way the Civil Court used them.
• Insert the index or docket number exactly as shown on the judgment or order.

Step 6: Fill in the body of the notice

• Identify yourself as the appellant. Example: “Please take notice that [Your Name], defendant, appeals to the Appellate Term of the Supreme Court, [First/Second] Department, from the judgment of the Civil Court of the City of New York, [County], entered on [date], before Hon. [Judge’s Name].”
• State whether you appeal from the entire judgment or specific parts. If specific, describe them briefly and clearly.
• If multiple orders were entered the same day, list each you are appealing, or state “from each and every part of the judgment and orders entered on [date].”

Step 7: Provide your contact information

• If you have a lawyer, list the law firm’s name, address, phone, and email. The attorney signs the notice.
• If you represent yourself, list your name, mailing address, phone, and email. You sign the notice yourself.
• Make sure your mailing address is current. The Appellate Term will use it for notices.

Step 8: Sign and date the notice

• Sign in ink and date the form. If an attorney signs, they must include their name and bar number if requested by the form.
• Do not notarize the notice itself. Only the affidavit of service needs notarization.

Step 9: Make copies

• Make at least three copies: one for each party, one for filing, and one for your records. You may need extra copies for additional parties.

Step 10: Serve the notice of appeal

• Arrange service on every other party or their attorney of record. Check your case file for the latest appearance addresses.
• You cannot serve the notice yourself. Have someone who is at least 18 and not a party serve it.
• Service can be personal delivery or mail. If served by mail, use first-class mail with proper postage. Keep receipts.
• Serve within your appeal deadline. Service must be timely for the appeal to be valid.

Step 11: Prepare the Affidavit of Service

• The server must complete an affidavit of service. It must list:
• The name of the document served (Notice of Appeal).
• The date, time, and place of service.
• The method of service (personal delivery or mail).
• The names and addresses of all recipients.
• The server’s name, address, and statement that they are over 18 and not a party.
• The server must sign the affidavit before a notary public. This notarized affidavit is your proof of service.

Step 12: File the notice and proof of service with the Civil Court

• Bring or mail the original notice of appeal and the original notarized affidavit of service to the Civil Court clerk in the county where your case was heard.
• Pay the required filing fee. If you cannot afford the fee, apply for a fee waiver. File the waiver request promptly to avoid delay.
• Ask the clerk to stamp your copy “filed” for your records. If filing by mail, include a self-addressed stamped envelope and a copy to be stamped and returned.

Step 13: Calendar your next steps

• Mark the date you filed and the date you served. Track your time to perfect the appeal. The Appellate Term sets deadlines to file the record and briefs.
• Order the transcript if needed. In Small Claims and Housing cases, you will likely need the audio or stenographic transcript. Start this immediately.
• Decide how you will assemble the record on appeal. You can use a reproduced record or an appendix method, depending on the rules in your department.

Step 14: Consider a stay if enforcement is a risk

• Filing the notice does not stop enforcement. If you face eviction or collection, file for a stay.
• In housing matters, you may need to file an order to show cause for a stay and may be required to deposit ongoing use and occupancy.
• In money judgment cases, you may need to post an undertaking to stay execution. Consider this early to prevent garnishment or restraints.

Step 15: Communicate with other parties

• Notify other parties that you intend to order transcripts and discuss settling the record if appropriate.
• Keep communications professional and in writing. Confirm agreements on delivery dates for transcripts and records.

Step 16: Maintain a clean paper trail

• Keep a binder or digital folder with:
• The judgment or order appealed from, with notice of entry.
• Your filed notice of appeal and stamped copy.
• The notarized affidavit of service.
• All correspondence about transcripts and the record.
• Calendar entries for appellate deadlines.

Practical examples

• Housing matters. You are a tenant. The court awarded possession to your landlord with a money judgment for rent arrears. You receive the written judgment and a notice of entry by mail. Within 30 days of the mailing, you have your friend (not a party) mail the notice of appeal to the landlord’s attorney and sign a notarized affidavit of service. You file the notice and affidavit with the Civil Court clerk and pursue a stay with an order to show cause, offering to pay ongoing use and occupancy while the appeal is pending.

• Consumer credit case. You lost on summary judgment. You receive the order with notice of entry by e-file notification and mail. You act within 30 days, serve the notice of appeal on opposing counsel, and file proof of service with the clerk. You then order the motion papers and the decision for the record and start drafting your brief.
• Small Claims case. You lose at trial. You file a notice of appeal and request the audio or transcript of the hearing promptly. You understand the appellate review is limited and focus your brief on legal error, not new facts.

Common Mistakes to Avoid

• Missing the deadline. The 30-day window is strict. Do not count from the court date. Count from service with notice of entry.
• Serving late. Service and filing must both be timely. Serve before you file so you can file with the affidavit of service.
• Serving yourself. Use a non-party 18 or older. Do not serve the notice yourself.
• Using the wrong department. Match the Appellate Term department to the county of the Civil Court case.
• Vague scope. If you intend to appeal the entire judgment, say so. If you limit the scope, the court may not review unlisted issues.
• Ignoring the stay question. If enforcement would harm you, seek a stay right away. The notice alone does not stop collection or eviction.

Key fields checklist as you complete the form

• Court name and county at the top.
• Full caption exactly as in the judgment or order.
• Index or docket number.
• Identification of the judgment or order, with entry date and judge’s name.
• The appellate court: Appellate Term, First or Second Department.
• Statement of scope: entire judgment or specific parts.
• Your name and role (plaintiff/petitioner or defendant/respondent).
• Signature, date, and contact information.
• Affidavit of service with all required details, notarized.

If there are multiple appellants

• List each appellant in the notice. If space is limited, write “see attached rider” and attach a page listing all appellants and their roles.
• Ensure service on all other parties. If there are many parties, include a service list attachment with names and addresses, and reference it in the affidavit of service.

If you are substituting counsel or self-represented

• If your attorney is withdrawing and you will proceed pro se, make sure the substitution is on file. Use your current mailing address on the notice.
• If new counsel appears, the notice should list the new firm’s information and be signed by the attorney.

Final readiness check before filing

• Compare the notice to the judgment or order. Names, dates, and numbers must match exactly.
• Confirm the correct Appellate Term department is listed.
• Confirm service on every opposing counsel or party.
• Confirm the affidavit of service is notarized.
• Confirm you have funds or a plan for the filing fee, transcripts, and record preparation, or have submitted a fee waiver application.

With a timely, accurate CIV-GP-67A Notice of Appeal, you preserve your right to review. You then move to the next phase: transcripts, record, briefing, and, if needed, seeking a stay. Take each step in order, keep your deadlines visible, and document every action.

Legal Terms You Might Encounter

• Notice of Appeal. This is the document you file to start the appeal. CIV-GP-67A is the notice in the Civil Court of the City of New York. By filing it, you tell the court and the other side that you will seek review.
• Judgment. A judgment is the court’s final decision that decides the whole case. If you are appealing a judgment, check the exact date it was entered. You will enter that information on the form.
• Order. An order is a decision on a specific issue, not always the full case. Some orders are appealable. If you appeal an order, identify it clearly on the form so there is no confusion.
• Appellant. The appellant is the party filing the appeal. On the form, you list your name and role in the case. Make sure your contact details are current so you receive all notices.
• Respondent. The respondent is the party opposing the appeal. You must name and serve every respondent listed in the underlying case. The form and your service papers should match the case caption.
• Entry of Judgment. “Entry” is when the clerk records the judgment or order. Appeal deadlines often run from entry or from service of the decision with notice of entry. Capture the correct dates in your records. You may need them when you file.
• Service. Service means delivering legal papers to the other side in a court-approved way. After you file the notice, you must serve it. Use a method the court accepts, and keep proof.
• Affidavit of Service. This is a sworn statement showing how and when you served the notice. You should file it after service. Without it, the appeal can be at risk of dismissal.
• Record on Appeal. The record is the set of papers the appellate court reviews. It often includes the judgment or order, underlying motions, and the transcript. Your notice triggers the process, but you will later assemble or designate the record.
• Transcript. A transcript is a typed record of what was said in court. If the appeal involves testimony, you will likely need a transcript. Order it early to avoid delays later.
• Stay. A stay pauses the enforcement of the judgment or order. Filing a notice of appeal does not usually create a stay. If you need one, you must take extra steps, such as a motion or an undertaking, depending on the rules.
• Cross-Appeal. The other side can also appeal parts of the decision. That is called a cross-appeal. Your notice may prompt the other side to file their own notice within a limited window.
• Appeal as of Right vs. Leave to Appeal. Some decisions can be appealed automatically. Others require permission. Your notice addresses what you intend to appeal, but eligibility depends on the type of decision. Confirm whether the decision is appealable before filing.

FAQs

Do you need to attach the judgment or order to the notice?

You should keep a copy for your records and use it to complete the form accurately. Some courts require you to attach the decision when you serve the notice. Even if not required, include it with service so the other side knows exactly what you are appealing.

Do you get extra time if you did not receive the decision by mail?

Deadlines depend on how and when the decision was served and entered. You do not get unlimited time. The appeal window is short and measured in days. Review your documents and act quickly to avoid missing the deadline.

Do you need to explain your reasons for appeal on the notice?

No. The notice is a simple filing that preserves your right to appeal. You do not argue the merits on the notice. You will present your arguments later in briefs and motion papers.

Do you file the notice in the appellate court or the Civil Court?

File the notice in the court that issued the judgment or order. That court’s clerk accepts the filing and updates the docket. You will later interact with the appellate court for briefs and the record.

Do you need a transcript to file the notice?

Not to file the notice. However, you should plan for a transcript if your appeal involves testimony or oral rulings. Order it as soon as practical so it is ready when you need to perfect the appeal.

Do you have to serve every party?

Yes. Serve all parties who appeared in the case, or their attorneys if they had counsel. Use an approved method. Then file an affidavit of service. Missing a party can derail your appeal.

Do you get an automatic stay by filing the notice?

No. Filing the notice does not stop enforcement in most civil cases. If you need a pause, consider a motion for a stay. Be ready to meet any conditions, such as an undertaking, if required by the rules.

Do you need a lawyer to file the notice?

You may file on your own if you are an individual. Business entities often must appear through counsel. Consider the complexity of appeal rules when deciding whether to retain an attorney.

Checklist: Before, During, and After the CIV-GP-67A Notice of Appeal

Before signing

• Get the exact case caption from the judgment or order.
• Confirm the correct county and Civil Court location.
• Write down the index or docket number exactly as shown.
• Note the date of entry of the judgment or order.
• Identify the judge’s name and the part, if listed.
• Decide if you are appealing a judgment, an order, or both.
• Gather the decision, any notice of entry, and proof of service you received.
• List every opposing party and their attorneys with accurate addresses.
• Confirm an acceptable service method and who will serve.
• Set a calendar reminder for all deadlines, starting today.
• Prepare filing fee funds or a fee waiver application, if needed.
• Plan for transcripts: date of trial or hearing, court reporter, and proceedings to be transcribed.
• Arrange time to file in person or confirm e-filing availability.
• Make sure your mailing address, phone, and email (if used) are current.

During signing

• Verify the case title matches the judgment exactly.
• Confirm the index/docket number and county are correct.
• Clearly identify the judgment or order you are appealing.
• Include the date of entry, if the form requests it.
• Check the appellant’s name, role, and contact information.
• Sign the form legibly. Print your name and include your capacity.
• If you are an attorney, include your firm details and registration number if required.
• If you are self-represented, note that status where the form requests it.
• Review for typos, missing dates, and wrong numbers.
• Prepare the service section or a separate affidavit of service form.

After signing

• Make multiple copies of the signed notice.
• File the original with the Civil Court clerk.
• Pay the filing fee or submit a fee waiver application.
• Ask for a file-stamped copy for your records.
• Serve all parties or their counsel by an approved method.
• Complete an affidavit of service for each party served.
• File the affidavits of service with the Civil Court clerk.
• Order transcripts for any relevant hearings or trial days.
• Track the appellate steps and all related deadlines.
• Start organizing the record on appeal and exhibits.
• Consider a motion for a stay if enforcement is a concern.
• Keep all receipts, stamped copies, and mailing proofs in a safe folder.

Common Mistakes to Avoid CIV-GP-67A Notice of Appeal

• Missing the deadline. Appeal periods are short and strict. If you miss it, the appeal can be dismissed. Don’t wait to gather everything before filing. File the notice first, then build the record.
• Appealing the wrong decision or date. Appeals are tied to specific judgments or orders. If you name the wrong one, the appeal may fail. Check the document title and entry date on the clerk’s stamp.
• Using the wrong case caption or docket number. A mismatched caption or number can cause delays or dismissal. Copy the caption and number from the judgment exactly. Don’t rely on memory.
• Skipping service or doing it incorrectly. You must serve every opposing party properly. If service is late or defective, the appeal is at risk. Use a reliable server and file affidavits of service.
• Assuming a stay without court approval. Filing the notice does not freeze collection or enforcement. If you need a pause, seek a stay. Don’t ignore enforcement notices while the appeal is pending.

What to Do After Filling Out the Form CIV-GP-67A Notice of Appeal

File with the issuing court

• File the signed notice with the Civil Court that issued the judgment or order. Bring enough copies. Ask for a file-stamped copy.
• Pay the filing fee or submit a fee waiver application if you cannot pay.
• If e-filing is allowed, follow the system prompts. Download stamped confirmations for your records.

Serve the other side

• Serve every party or their counsel by an approved method. Do this promptly after filing.
• Use a server who understands court rules. Timely service protects your appeal.
• Complete affidavits of service for each party. File them with the Civil Court clerk.

Order transcripts and build the record

• Identify all relevant hearings and trial days. Order transcripts for those dates.
• Provide the court reporter with docket details, the judge’s name, and dates.
• Keep proof of your transcript request and any deposit you pay.
• Start organizing the record on appeal. Include the judgment or order, notices of motion, affidavits, and exhibits relied on.

Plan your appellate timeline

• Note the deadline to take the next appellate steps. These steps can include preparing the record, serving the record, and filing opening briefs.
• Create a project plan. Assign dates to each task so you finish on time.

Consider a stay if needed

• If enforcement would cause harm, prepare a motion for a stay. Be ready to meet any conditions required for a stay.
• File any stay motion quickly. Provide the court with the notice of appeal, the judgment or order, and proof of potential harm.

Correcting or amending your notice

• If you spot a clerical error before filing, correct it and sign again.
• If you notice an error after filing, act fast. You may file an amended notice within the original appeal window.
• If the window has passed, you may need court permission. If the notice points to the wrong decision, consider filing a new notice if time remains.

Withdrawing the appeal

• If you resolve the case or decide not to proceed, you may withdraw the appeal.
• File a stipulation or notice of withdrawal as required. Serve all parties so the docket is clear.

Distribute and store copies

• Keep at least two file-stamped copies in your records. Store them with proof of service and fee receipts.
• Share a stamped copy with anyone helping with transcripts or appellate printing.
• Maintain a digital scan of every document and mailing receipt.

Prepare for the briefing

• Outline your issues now. Identify the exact rulings you challenge.
• Gather citations to the record. Note the page and line of transcripts you intend to reference.
• Start drafting early. Build a clear, concise argument supported by the record.

Monitor the docket

• Check for notices from the Civil Court and the appellate court. Respond promptly to any deficiency notices.
• Update your contact information with the court if it changes.

Stay organized

• Use a simple index for your file. Separate sections for the notice, service, transcripts, record, and briefs.
• Keep a timeline on the front of your folder. Review it weekly until the appeal is perfected.

If you prevail or lose on appeal

• If the appellate court reverses or modifies the decision, note next steps for the trial court on remand.
• If the appellate court affirms and you consider further review, understand any permission requirements and deadlines before acting.

Final tip

• File the notice early if possible. Early filing preserves your rights and gives you more time to handle transcripts, records, and briefs without rushing.