§ 1114 — Effect of appeal; stay

New York § 1114

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

Text

§ 1114. Effect of appeal; stay. (a) The timely filing of a notice of\nappeal under this article does not stay the order from which the appeal\nis taken.\n (b) Except as provided in subdivision (d) of this section, a justice\nof the appellate division to which an appeal is taken may stay execution\nof the order from which the appeal is taken on such conditions, if any,\nas may be appropriate.\n (c) If the order appealed from is an order of support under articles\nfour or five, the stay may be conditioned upon the giving of sufficient\nsurety by a written undertaking approved by such judge of the appellate\ndivision, that during the pendency of the appeal, the appellant will pay\nthe amount specified in the order to the family court from whose order\nthe appeal is taken. The stay may further provide that the family court\n(i) shall hold such payments in escrow, pending determination of the\nappeal or (ii) shall disburse such payments or any part of them for the\nsupport of the petitioner or other person for whose benefit the order\nwas made.\n (d) Any party to a child protective proceeding, or the attorney for\nthe child, may apply to a justice of the appellate division for a stay\nof an order issued pursuant to part two of article ten of this chapter\nreturning a child to the custody of a respondent. The party applying for\nthe stay shall notify the attorneys for all parties and the attorney for\nthe child of the time and place of such application. If requested by any\nparty present, oral argument shall be had on the application, except for\ngood cause stated upon the record. The party applying for the stay shall\nstate in the application the errors of fact or law allegedly committed\nby the family court. A party applying to the court for the granting or\ncontinuation of such stay shall make every reasonable effort to obtain a\ncomplete transcript of the proceeding before the family court.\n If a stay is granted, a schedule shall be set for an expedited appeal.\n