2023 New York Laws › CVP - Civil Practice Law and Rules › Article 55 - Appeals Generally › 5519 - Stay of Enforcement.

§  5519.  Stay  of  enforcement. (a) Stay without court order. Service
upon the adverse party  of  a  notice  of  appeal  or  an  affidavit  of
intention  to  move  for  permission  to appeal stays all proceedings to
enforce the judgment or  order  appealed  from  pending  the  appeal  or
determination on the motion for permission to appeal where:
1.  the  appellant  or  moving  party  is  the  state or any political
subdivision of the state or any officer or agency of the state or of any
political subdivision of the state; provided that where a  court,  after
considering an issue specified in question four of section seventy-eight
hundred  three  of  this  chapter,  issues a judgment or order directing
reinstatement of a license held by a corporation with no more than  five
stockholders and which employs no more than ten employees, a partnership
with  no  more  than  five  partners  and which employs no more than ten
employees, a proprietorship or a natural person, the stay  provided  for
by this paragraph shall be for a period of fifteen days; or
2. the judgment or order directs the payment of a sum of money, and an
undertaking  in that sum is given that if the judgment or order appealed
from, or any part of it, is affirmed, or the appeal  is  dismissed,  the
appellant  or  moving  party shall pay the amount directed to be paid by
the judgment or order, or the part of it as to  which  the  judgment  or
order is affirmed; or
3.  the judgment or order directs the payment of a sum of money, to be
paid in fixed installments, and an undertaking in a  sum  fixed  by  the
court  of  original instance is given that the appellant or moving party
shall pay each installment which becomes due pending the appeal and that
if the judgment or order appealed from, or any part of it, is  affirmed,
or  the appeal is dismissed, the appellant or moving party shall pay any
installments or part of installments then due or the part of them as  to
which the judgment or order is affirmed; or
4.  the  judgment  or  order  directs  the  assignment  or delivery of
personal property, and the property is  placed  in  the  custody  of  an
officer  designated  by  the  court  of  original  instance to abide the
direction of the court to which the appeal is taken, or  an  undertaking
in  a  sum  fixed  by  the  court of original instance is given that the
appellant or moving party will obey the direction of the court to  which
the appeal is taken; or
5.  the judgment or order directs the execution of any instrument, and
the instrument is  executed  and  deposited  in  the  office  where  the
original  judgment  or  order  is  entered to abide the direction of the
court to which the appeal is taken; or
6. the appellant or moving party is in possession or control  of  real
property  which  the judgment or order directs be conveyed or delivered,
and an undertaking in a sum fixed by the court of original  instance  is
given that the appellant or moving party will not commit or suffer to be
committed  any waste and that if the judgment or order appealed from, or
any part of it, is affirmed, or the appeal is dismissed,  the  appellant
or  moving  party  shall  pay the value of the use and occupancy of such
property, or the part of it  as  to  which  the  judgment  or  order  is
affirmed, from the taking of the appeal until the delivery of possession
of  the property; if the judgment or order directs the sale of mortgaged
property and the payment of any deficiency, the undertaking  shall  also
provide   that  the  appellant  or  moving  party  shall  pay  any  such
deficiency; or
7. the judgment or order directs the performance of two or more of the
acts specified in subparagraphs two through six  and  the  appellant  or
moving party complies with each applicable subparagraph.
(b)  Stay  in action defended by insurer. If an appeal is taken from a
judgment or order entered against an  insured  in  an  action  which  is

defended by an insurance corporation, or other insurer, on behalf of the
insured  under  a policy of insurance the limit of liability of which is
less than the amount of said  judgment  or  order,  all  proceedings  to
enforce the judgment or order to the extent of the policy coverage shall
be  stayed  pending  the  appeal,  and  no  action shall be commenced or
maintained against the insurer for payment under the policy pending  the
appeal, where the insurer:
1.  files  with  the clerk of the court in which the judgment or order
was entered a sworn statement of one of  its  officers,  describing  the
nature  of the policy and the amount of coverage together with a written
undertaking that if the judgment or order appealed from, or any part  of
it,  is  affirmed, or the appeal is dismissed, the insurer shall pay the
amount directed to be paid by the judgment or order, or the part  of  it
as  to  which  the  judgment  or order is affirmed, to the extent of the
limit of liability in the policy, plus interest and costs;
2. serves a copy of such sworn  statement  and  undertaking  upon  the
judgment creditor or his attorney; and
3.  delivers  or  mails  to  the  insured at the latest address of the
insured appearing upon the records of the insurer, written  notice  that
the enforcement of such judgment or order, to the extent that the amount
it  directs  to be paid exceeds the limit of liability in the policy, is
not stated in respect to the insured.  A  stay  of  enforcement  of  the
balance  of the amount of the judgment or order may be imposed by giving
an undertaking, as provided in paragraph two of subdivision (a),  in  an
amount equal to that balance.
(c)  Stay  and limitation of stay by court order. The court from or to
which an appeal is taken or the court of original instance may stay  all
proceedings  to  enforce  the judgment or order appealed from pending an
appeal or determination on a motion for permission to appeal in  a  case
not  provided  for in subdivision (a) or subdivision (b), or may grant a
limited stay or  may  vacate,  limit  or  modify  any  stay  imposed  by
subdivision  (a),  subdivision (b) or this subdivision, except that only
the court to which an appeal is taken may vacate, limit or modify a stay
imposed by paragraph one of subdivision (a).
(d) Undertaking. On an appeal from an order affirming  a  judgment  or
order,  the  undertaking shall secure both the order and the judgment or
order which is affirmed.
(e) Continuation of stay. If the judgment or order  appealed  from  is
affirmed  or  modified,  the  stay  shall  continue  for five days after
service upon the appellant of the order of  affirmance  or  modification
with  notice of its entry in the court to which the appeal was taken. If
an appeal is taken, or a motion is made for permission to  appeal,  from
such  an  order  before  the expiration of the five days, the stay shall
continue until five days after service of notice of  the  entry  of  the
order determining such appeal or motion. When a motion for permission to
appeal  is  involved,  the  stay,  or  any  other  stay  granted pending
determination of the motion for permission to appeal, shall:
(i) if the motion is granted,  continue  until  five  days  after  the
appeal is determined; or
(ii)  if  the  motion  is  denied,  continue until five days after the
movant is served with the order of denial with notice of its entry.
(f) Proceedings after stay. A stay of enforcement  shall  not  prevent
the  court  of  original  instance  from  proceeding  in  any matter not
affected by the judgment or order appealed from or  from  directing  the
sale of perishable property.
(g)  Appeals in medical, dental or podiatric malpractice judgments. In
an action for medical, dental or podiatric malpractice, if an appeal  is
taken  from  a  judgment  in  excess  of  one  million  dollars  and  an

undertaking in the amount  of  one  million  dollars  or  the  limit  of
insurance  coverage  available  to  the  appellant  for  the occurrence,
whichever is greater, is given together with a joint undertaking by  the
appellant  and  any  insurer  of  the appellant's professional liability
that, during the period  of  such  stay,  the  appellant  will  make  no
voidable  transaction  as  described  in  article  ten of the debtor and
creditor law, the court to which such an appeal is taken shall stay  all
proceedings to enforce the judgment pending such appeal if it finds that
there  is  a reasonable probability that the judgment may be reversed or
determined excessive. In making a determination under this  subdivision,
the  court  shall  not  consider  the availability of a stay pursuant to
subdivision (a) or (b) of  this  section.  Liability  under  such  joint
undertaking  shall  be  limited  to  voidable  transactions  made by the
appellant subsequent to the execution of such undertaking and during the
period of such stay, but nothing herein shall limit the liability of the
appellant for voidable transactions  pursuant  to  article  ten  of  the
debtor  and creditor law or any other law. An insurer that pays money to
a beneficiary of such a joint undertaking shall thereupon be subrogated,
to the extent of the amount to be paid, to the rights and  interests  of
such beneficiary, as a judgment creditor, against the appellant on whose
behalf the joint undertaking was executed.