N.Y. Civil Practice Law & Rules § 5520: Omissions; appeal by improper method

§ 5520. Omissions; appeal by improper method. (a) Omissions. If an

appellant either serves or files a timely notice of appeal or notice of

motion for permission to appeal, but neglects through mistake or

excusable neglect to do another required act within the time limited,

the court from or to which the appeal is taken or the court of original

instance may grant an extension of time for curing the omission.

(b) Appeal by permission instead of as of right. An appeal taken by

permission shall not be dismissed upon the ground that the appeal would

lie as of right and was not taken within the time limited for an appeal

as of right, provided the motion for permission was made within the time

limited for taking the appeal.

(c) Defects in form. Where a notice of appeal is premature or contains

an inaccurate description of the judgment or order appealed from, the

appellate court, in its discretion, when the interests of justice so

demand, may treat such a notice as valid.