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New York Appellate Practice
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.

1-6 New York Appellate Practice 6.syn


Stays Pending Appeal


Thomas R. Newman

Chapter Summary


This chapter from New York Appellate Practice Matthew Bender) begins by noting that in civil actions involving private litigants, the filing of a notice of appeal or the making of a motion for leave to appeal does not automatically stay enforcement of the judgment or order sought to be appealed. Absent some provision for a stay pending appeal, a victorious party may collect his or her judgment, leaving the appellant to seek restitution in the event the judgment is reversed on appeal. Stays pending appeal are governed by CPLR 5519 and certain specific appellate court rules. The statute provides for automatic stays in some cases and describes stays which may be obtained by private litigants if certain prescribed steps are followed.

The chapter also discusses stays without court order. In addition to the service of a notice of appeal or motion for leave to appeal, certain additional steps must be taken, depending on the nature of the judgment or order appealed from. A private party not ordinarily entitled to a statutory stay pending appeal is entitled to the benefits thereof when a statutory stay is obtained by a codefendant. Next, the chapter discusses stays in actions defended by an insurance carrier. Then, it addresses the automatic stay provisions of CPLR 5519(a) and (b). This chapter concludes with a discussion of the continuation of stays during subsequent appeals and the related matter of proceedings in the lower court during the pendency of a stay pending appeal.

New York Appellate Practice (Matthew Bender) is a complete guide to handling any appeal before a New York Court. It provides detailed coverage of each step in the appellate process, including preserving errors for appeal, taking and perfecting the appeal, preparing an appellate brief, and arguing the appeal. It provides detailed information about appellate practice in the Appellate Division departments and the New York Court of Appeals. New York Appellate Practice gives you critical information about appeals in specific types of cases, including criminal appeals, appeals from administrative proceedings, and matrimonial appeals. In addition to legal analysis and practical guidance, New York Appellate Practice includes appellate practice forms and court rules for the Appellate Divisions and Appellate Terms.


New York,Civil Procedure,Judgments,Entry of Judgments,Stays Pending Appeal,Automatic Stays,Money Judgments,Stays of Proceedings,Multiple Claims,Multiple Parties,Interlocutory Orders


Related chapters include Chapter 3, Threshold Jurisdictional Considerations; Chapter 4, Scope of Review; Chapter 9, Disposition of the Appeal; and Chapter 13, Criminal Appeals.


See New York Evidence Courtroom Manual (Matthew Bender) for fast, accurate answers to evidentiary questions and guidance to the underlying authorities and secondary sources, featuring constitutional considerations and recent significant cases.

See LexisNexis AnswerGuide New York Civil Disclosure (Matthew Bender) for specific answers for each stage of the disclosure process in New York. It combines analysis of the CPLR and related statutes, court rules, and case law with expert insight on the conduct of effective disclosure.

See Weinstein, Korn and Miller CPLR Manual (Matthew Bender) for coverage of major subjects of New York civil procedure under the Civil Practice Law and Rules of New York, with analysis of critical case law and statutory developments affecting New York civil practice.

See LexisNexis AnswerGuide New York Criminal Procedure (Matthew Bender) for important topics related to pretrial criminal procedure, including arraignment, bail, guilty pleas, jurisdiction of criminal courts, search and seizure, grand jury, and pretrial motions.

See New York Suppression Manual (Matthew Bender) for New York's law on search and seizure, search warrants, stop and frisk, arrests, interrogation, confessions, lineups and pretrial identification, motions to suppress, and the suppression hearing.
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