2006 New York Code - Appeal To The Appellate Division.



 
    §  71.  Appeal  to the appellate division.   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 the final decree.   Except as  herein
  otherwise  provided,  such appeal shall be taken and heard in the manner
  provided in relation to appeals from judgments 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.    But  the
  taking  of  an  appeal  by  any  person  shall  not  operate to stay the
  proceedings under this chapter, except as to the  particular  parcel  of
  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 court may certify or the parties to the 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 the
  court, shall be deemed to have been abandoned, and no agreement  between
  the parties extending the time within which the appeal may be prosecuted
  shall vary the provisions hereof.

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