New York Law (NYLE) Practice Exam

Which of the following implies that the time to appeal has not started?

1. The motion is served and entered

2. The judge's decision is pending

3. The appeal is signed but not entered

4. The defendant fails to appear

The correct answer is: The appeal is signed but not entered

The situation in which the time to appeal has not started is most accurately reflected by the scenario where the appeal is signed but not entered. In New York law, the **entry** of an appeal is a crucial step in the appellate process. Until the appeal is officially entered with the court, the clock for the time to file the actual notice of appeal does not begin to run. This means if the appeal has merely been signed by the attorney or the appellant, but hasn't yet been filed with the court or entered on the court's records, then the time limit to bring the appeal is essentially paused. In contrast, when a motion is served and entered, the time to appeal generally begins to run, as there is an official ruling or action to contest. If the judge's decision is pending, there is nothing yet to appeal, so time cannot start until a ruling is made. If a defendant fails to appear, this may lead to a default judgment or other decisions, but also does not imply that time to appeal has not started in the same way that an un-entered appeal does. Therefore, the status of the signed but not entered appeal is the correct indication that the appeal period has not yet commenced.