§ 1112 — Appealable orders

New York § 1112

• Jurisdiction: New York
• Law FCT: Family Court Act
• Art. 11: Appeals

Text

§ 1112. Appealable orders. a. An appeal may be taken as of right from\nany order of disposition and, in the discretion of the appropriate\nappellate division, from any other order under this act. An appeal from\nan intermediate or final order in a case involving abuse or neglect may\nbe taken as of right to the appellate division of the supreme court.\nPending the determination of such appeal, such order shall be stayed\nwhere the effect of such order would be to discharge the child, if the\nfamily court or the court before which such appeal is pending finds that\nsuch a stay is necessary to avoid imminent risk to the child's life or\nhealth. A preference in accordance with rule five thousand five hundred\ntwenty-one of the civil practice law and rules shall be afforded,\nwithout the necessity of a motion, for appeals under article three;\nparts one and two of article six; articles seven, ten, and ten-A of this\nact; and sections three hundred fifty-eight-a, three hundred\neighty-three-c, three hundred eighty-four, and three hundred\neighty-four-b of the social services law.\n b. In any proceeding pursuant to article ten of this act or in any\nproceeding pursuant to article ten-A of this act that originated as a\nproceeding under article ten of this act where the family court issues\nan order which will result in the return of a child previously remanded\nor placed by the family court in the custody of someone other than the\nrespondent, such order shall be stayed until five p.m. of the next\nbusiness day after the day on which such order is issued unless such\nstay is waived by all parties to the proceeding by written stipulation\nor upon the record in family court. Nothing herein shall be deemed to\naffect the discretion of a judge of the family court to stay an order\nreturning a child to the custody of a respondent for a longer period of\ntime than set forth in this subdivision.\n