This text of New York § 2204 (Appeal involving abolished court; judgment or order of abolished court) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 2204. Appeal involving abolished court; judgment or order of\nabolished court.
(a)If on the effective date of this act there existed\na right of appeal from a judgment or order entered before the effective\ndate of this act in either the city court or the municipal court of the\ncity of New York, and the time in which to appeal as provided for in the\npractice obtaining in those courts has not expired, such time shall\ncontinue to run as if such courts were not abolished and an appeal may\nbe taken within such time by the service of a notice of appeal upon the\nrespondent or respondents and by the filing of the same with the clerk\nof this court in the county wherein, or embracing the district wherein,\nthe judgment or order was entered in the abolished court.\n (b) Such appeal shall
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§ 2204. Appeal involving abolished court; judgment or order of\nabolished court. (a) If on the effective date of this act there existed\na right of appeal from a judgment or order entered before the effective\ndate of this act in either the city court or the municipal court of the\ncity of New York, and the time in which to appeal as provided for in the\npractice obtaining in those courts has not expired, such time shall\ncontinue to run as if such courts were not abolished and an appeal may\nbe taken within such time by the service of a notice of appeal upon the\nrespondent or respondents and by the filing of the same with the clerk\nof this court in the county wherein, or embracing the district wherein,\nthe judgment or order was entered in the abolished court.\n (b) Such appeal shall be taken to the appellate division of the\nappropriate department, and may be transferred by such appellate\ndivision to an appellate term of such department if such term be\nestablished. Further appeal from either of such courts shall be\ngoverned by the same provisions as would govern judgments or orders\nentered in this court after the effective date of this act.\n (c) If the judgment or order is entered by this court after the\neffective date of this act, it shall be treated, for purposes of appeal,\nas if the action or proceeding was commenced in this court, except as\nprovided in subdivision (d).\n (d) If in any action or proceeding decided prior to the effective date\nof this act, a party had a right of direct appeal from one of the\nabolished courts to the court of appeals, such appeal may be taken\ndirectly to the court of appeals during the time such party would have\nhad under the practice obtaining in the abolished court as if such court\nwere not abolished; and if the judgment or order in such case is entered\nin this court after the effective date of this act, the time in which to\ntake such direct appeal shall be governed by the practice obtaining in\nthe abolished court as if such court entered the judgment or order. The\nnotice of appeal, if not filed as of the effective date of this act,\nshall be served on the respondent or respondents and shall be filed with\nthe clerk of this court in the county wherein, or embracing the district\nwherein, the judgment or order was or would have been entered in the\nabolished court.\n (e) For all purposes except appeal, a judgment or order entered by\neither abolished court shall be treated as if the action or proceeding\nin which the same was entered was commenced in this court and the\njudgment or order entered herein.\n