New York Law (NYLE) Practice Exam

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If an order is not entered by the clerk, what does it mean for the time to appeal?

The time has begun
The time remains open
The time is postponed indefinitely
The time is immediately expired

The correct answer is: The time remains open

When an order is not entered by the clerk, it indicates that the order has not achieved the necessary formality required for triggering the time limit to appeal. Under New York law, the formal entry of an order by the clerk is essential, as it notifies the parties of the existence of the order and typically starts the clock on the appeal window. Since the order is not formally entered, the time to appeal does not yet begin – it remains open. This means that the parties involved may still take further action, and the appeal period does not commence until the order is properly entered by the clerk. Thus, the correct understanding is that the time to appeal remains open until the order is formally recorded.