An appeal as of right to New Jersey’s Appellate Division must be taken within 45 days after the trial court’s objectionable judgment or order is entered pursuant to N.J. Ct. R. 4:47. N.J. Ct. R. 2:4-1(a). Not until that entry will the 45 days begin to run, and it makes no difference that the Superior Court has issued a written opinion or an oral opinion deciding the matter.
If, during the 45 day period, the aggrieved party dies or the aggrieved party’s attorney dies, is disbarred, resigns, or is suspended, then the time within which to take the appeal as of right is extended to 45 days from the date of death, disbarment, resignation, or suspension. N.J. Ct. R. 2:4-3.
On motion and on a showing of good cause and the absence of prejudice, New Jersey’s Appellate Division may extend the time in which to appeal from a trial court’s judgment or order for a period not exceeding 30 days, but only if the notice of appeal or notice of certification was in fact served and filed within the time as extended. N.J. Ct. R. 2:4-4(a).
New Jersey’s appellate courts’ authority to extend the time for appeal is in sharp contrast to New York practice. In New York State, N.Y. C.P.L.R. 5514(c) provides, with only a few narrow exceptions, that “No extension of time shall be granted for taking an appeal or for moving for permission to appeal.”