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New York Civil Practice: CPLR
Copyright 2016, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
12-5519 New York Civil Practice: CPLR 5519.syn
Stay of Enforcement
David L. Ferstendig
The chapter explains that a stay of enforcement of a judgment or order pending appeal is available where there is compliance with statutory conditions or by stipulation and order. It notes that courts have statutory authority to control stays. The chapter also discusses the automatic stays pending appeals granted to states or political subdivisions and the ability of a court to vacate, limit, or modify such stays. In contrast, private parties may obtain stays only under specified circumstances.
The chapter enumerates the requirements for staying various types of judgments and orders, including those directing the payment of money, installment payments, the assignment or delivery of personal property, the execution of instruments, the conveyance of real property, or the performance of two or more acts. It notes that an insurance company may obtain a stay to the extent of its coverage by posting an undertaking.
The chapter explains that a stay may be granted by the court, even when it is not automatically available. It further explains that the grant, denial, vacatur, or limit of a stay is within the discretion of courts. The chapter notes that a court may limit or dispense with the security needed for stays and that undertakings extend to subsequent appeals. In addition, it explains that the CPLR provides for stays after affirmance or modification of a judgment, or after a grant or denial of a motion for leave to appeal. The chapter also addresses the continuance of unaffected proceedings in the lower court during the stay. Finally, the chapter explains that an automatic stay applies to orders in Article 78 proceedings, and that a special provision applies to appeals in medical, dental, or podiatric malpractice actions.
New York Civil Practice: CPLR (more commonly known as Weinstein, Korn & Miller) is the leading treatise on New York civil procedure and litigation, and is cited frequently by New York State and federal courts as the authority on civil practice issues. It provides in-depth analysis and interpretation of New York's Civil Practice Laws and Rules (CPLR), along with expert guidance and information on common and complex procedural issues facing New York civil law practitioners.
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RELATED CHAPTERS: (View)
CPLR 5501 discusses the scope of appeals.
CPLR 5511 discusses permissible appellants.
CPLR R5530 discusses the filing of appellate records and briefs.
OTHER RELATED PUBLICATIONS:
New York Appellate Practice (Matthew Bender) provides complete guidance on handling appeals before New York courts.
Medina's Bostwick Practice Manual (Matthew Bender) provides the requisite forms to appeal to the New York Appellate Division or the New York Court of Appeals.