US Laws, Codes, Statutes & Cases

 
    §  5-399  Appeal  from  the report of the commissioners. Within twenty
  days after notice of the confirmation, modification or rejection of  the
  report  of  the  commissioners, as provided for in section 5-391 of this
  subchapter, either party may appeal, by notice in writing to  the  other
  party,  to  the  appellate division of the supreme court, from the order
  confirming, modifying or rejecting the report of the commissioners. Such
  appeal shall be heard on due notice thereof being  given,  according  to
  the rules and practice of such court. On the hearing of such appeal, the
  court  may affirm, modify or reverse the order of special term or it may
  direct a new appraisal and determination of any question passed upon, by
  the  same  or  new  commissioners,  in  its  discretion,  but  from  any
  determination of the appellate division, either party, if aggrieved, may
  take  an  appeal  which  shall  be  heard and determined by the court of
  appeals. If the amount of  compensation  to  be  made  by  the  city  is
  increased  after  a  new  trial,  the  difference  shall  be paid by the
  comptroller to the parties entitled to the same, or shall be  deposited,
  as the court may direct; and if the amount is diminished, the difference
  shall  be  refunded  to such city by the party to whom the same may have
  been paid, the judgment therefor may be rendered by the  court,  on  the
  filing  of  a  subsequent  decision, against the party liable to pay the
  same. But 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 estate with which such  appeal  is  concerned.
  Such  appeal  shall  be  heard  upon  the  evidence  taken  before  such
  commissioners, and any affidavits as to irregularities submitted to  the
  court  at  special  term,  and three typewritten copies of such evidence
  shall be furnished by the city to the party taking the appeal within ten
  days after the appeal is perfected, and such appeals may be heard on the
  evidence so furnished, and such appeals may be  taken  without  security
  thereon.