US Laws, Codes, Statutes & Cases

 
    §  5-324 Appeal to appellate division. The city or any party or person
  affected by the proceeding and aggrieved by  the  final  decree  of  the
  court  therein  as to awards may appeal to the appellate division of the
  court. An appeal from the final decree of the court must be taken within
  thirty days after notice of the filing of such final decree.  Except  as
  herein  otherwise  provided, such appeal shall be taken and heard in the
  manner provided by the civil practice law and rules and  the  rules  and
  practice  of  the  court  in  relation to appeals from orders in special
  proceedings, and such appeal shall  be  heard  and  determined  by  such
  appellate  division  upon the merits both as to matters of law and fact.
  The determination of the appellate division shall be in the form  of  an
  order.  The  taking  of  an  appeal  by  any person or persons shall not
  operate to stay the proceedings under this subchapter except as  to  the
  particular  parcel  of real property with which the appeal is concerned.
  The final decree of the court shall be deemed to be final and conclusive
  upon all parties and persons affected thereby, who  have  not  appealed.
  Such  appeal shall be heard upon the evidence taken by the court or such
  part or portion thereof as the justice who made the decree may  certify,
  or  the  parties  to such appeal may agree upon as sufficient to present
  the merits of the questions in respect to which  such  appeal  shall  be
  had.  An  appeal  taken  but  not prosecuted within six months after the
  filing of the  notice  of  appeal,  unless  the  time  within  which  to
  prosecute  the  same  shall have been extended by an order of the court,
  shall be deemed to have been abandoned  and  no  agreement  between  the
  parties  extending  the  time within which such appeal may be prosecuted
  shall vary the provisions hereof. When a final decree of the court shall
  be reversed on appeal, such reversal shall not divest the city of  title
  to the real property affected by the appeal.