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http://www.nycourts.gov/courts/nyc/h...appeals2.shtml

New York City Civil Court
Housing Part

Appeals

In General

An appeal cannot be taken from anything other than a written order or judgment made by a judge. Where matters have been settled by mutual agreement of the parties, through mediation, by ex parte order, or on default, no appeal is possible. In such cases, you must first bring a motion or order to show cause to vacate the settlement, the default judgment or the ex parte order. The order which grants or denies your motion or order to show cause is then appealable. You should consult an attorney regarding any legal remedies you may have.

The appeal process may be costly. In order to submit an appeal you will have to provide a copy of the transcript of the hearing, which may be transcribed from a tape recording machine or from the notes of a court reporter. The fee may be based upon the length of the transcript which must be prepared. It is suggested that you obtain an estimate of the cost of preparing a typewritten transcript of the minutes of the trial. You may also wish to listen to the tapes before having them transcribed. You may consider the information useful in determining whether or not to appeal. You may also qualify for Poor Person’s Relief which would pay for the cost of the appeal. To find out where in your county to contact the court reporter, obtain a transcript of the tape recording of your hearing and/or apply for poor person’s relief go to Locations.

A notice of appeal must be filed within 30 days from the service of the judgment or order appealed from, with written notice of its entry. If a copy of the judgment or order is not served, there are no time limitations on the filing of the appeal. Go to Serving "Notice of Entry" to learn more.

A party served with a notice of appeal may take a cross-appeal within ten days after service of appellant’s notice of appeal or motion papers, or within the original 30-day time period, whichever is later.

An appeal does not mean a new trial or the presenting of new evidence. Rather, it is a review of the relevant portions of the court file and the relevant portions of the transcript of the trial minutes by the judges of the Appellate Term of the State Supreme Court.




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Stay of Enforcement of Judgment or Order Pending Appeal

In general, an appeal does not stop or stay the execution of a judgment. If there is a possessory judgment against you and you want to stop it while your appeal is being decided, you must follow the instructions in this section.

A stay is available to anyone facing an eviction who provides the required undertaking, that is, the deposit of an amount of money equal to the judgment amount, or another amount set by the court. The undertaking is required for protection in case any harm is committed against the property during the months that the appeal is being decided

In order to obtain a stay:
1. You must serve a notice of appeal on the other side.
2. You must apply to the trial court which rendered the judgment or order to set the amount of the undertaking. You may do so by order to show cause. The court will set the undertaking, which may include payment of use and occupancy in installments as it becomes due while the appeal is pending.
3. After the trial court sets the amount of the undertaking you must then deposit that amount with the clerk of the New York City Civil Court in your county. You may be required to continue to deposit use and occupancy as it becomes due while the appeal is pending.
4. The automatic stay is not effective until the notice of appeal is served, the court has set the undertaking and the appellant has paid the undertaking.

The appellant may also apply directly to the Appellate Term for a limited stay, or to vacate, limit or modify a stay imposed by the trial court.


If a stay is granted, it may be based upon conditions determined within the discretion of the Appellate Term. It is likely that the amount the court will require to be deposited with the Civil Court as an undertaking will be the entire judgment amount awarded by the trial court.

If a respondent disagrees with the imposition of a stay, the respondent can challenge the stay at the court where the appeal is pending. That court has the power to vacate, limit or modify any stay imposed. The respondent must show that the appeal is without merit, was brought in bad faith or solely to delay, that the stay will cause an undue burden or hardship, or that the appellant failed to comply with the court’s order requiring an undertaking.

Any New York State or political subdivision of the State, such as the New York City Housing Authority, can also obtain an automatic stay.

For example, the Housing Authority or the City of New York can obtain an automatic stay if it appeals an order to correct violations or to perform repairs in an HP case, or an order in favor of a respondent in an eviction proceeding.

If you are interested in appealing a Housing Court judgment or order, which consists of filing a notice of appeal and perfecting the appeal, continue reading the procedure set forth below.