US Laws, Codes, Statutes & Cases

 
    §  5-455  Appeals  to  appellate division and court of appeals. a. The
  city, or any party or person affected by the proceeding and aggrieved by
  the final decree of the court  therein,  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. 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  in  special proceedings. Such appeal shall be
  heard and determined by the appellate division upon the merits, both  as
  to  the  questions  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 before the court, or such part or portion thereof, as
  the  justice  at  special  term,  who made the decree appealed from, 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.
    b. The city, or any party or person affected  by  the  proceeding  and
  aggrieved  by  the  order  of the appellate division entered on any such
  appeal, may appeal to the court of appeals from such order. 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  of  appeals  in
  relation  to  appeals  from  orders in special proceedings. The court of
  appeals may affirm or reverse the order appealed from and may make  such
  order or direction as shall be appropriate to the case.