Historically, the time to file a notice of appeal has been measured from the date of service with notice of entry of an order of judgment that is sought to be appealed. See CPLR § 5513(a). Although it has always been good practice to do so, that provision does not explicitly require the notice of entry to be filed with any court.
Recently, however, in New York County Supreme Court, it has become a requirement that the notice of entry be filed prior to the filing of a notice of appeal. See here. The lack of a filed notice of entry is now grounds for the New York County Supreme Court Clerk’s Office to reject a notice of appeal submitted for filing.
The takeaway from all of this is, of course, that parties should file their notice of entry as soon as possible after serving it. This not only serves the potentially appealing party by ensuring that the framework is set for its notice of appeal to be accepted, but also serves the potential respondent by making sure that the court has started the clock on the potential appellant’s time to file its notice of appeal.