2006 New York Code - 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
  fraudulent conveyance without fair consideration as described in section
  two hundred seventy-three-a 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  fraudulent  conveyances 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
  fraudulent conveyances  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.