§ 71 — Appeal to the appellate division

New York § 71

• Jurisdiction: New York
• Law RAT: Rapid Transit
• Art. 6: Acquisition of Property By the City

Text

§ 71. Appeal to the appellate division. The city, or any party or\nperson affected by the proceeding and aggrieved by the final decree of\nthe court therein, may appeal to the appellate division of the court. An\nappeal from the final decree of the court must be taken within thirty\ndays after notice of the filing of the final decree. Except as herein\notherwise provided, such appeal shall be taken and heard in the manner\nprovided in relation to appeals from judgments in special proceedings,\nand such appeal shall be heard and determined by such appellate division\nupon the merits both as to matters of law and fact. The determination\nof the appellate division shall be in the form of an order. But the\ntaking of an appeal by any person shall not operate to stay the\nproceedings under this chapter, except as to the particular parcel of\nproperty with which the appeal is concerned. The final decree of the\ncourt shall be deemed to be final and conclusive upon all parties and\npersons affected thereby who have not appealed. Such appeal shall be\nheard upon the evidence taken by the court, or such part or portion\nthereof as the court may certify or the parties to the appeal may agree\nupon as sufficient to present the merits of the questions in respect to\nwhich such appeal shall be had. An appeal taken but not prosecuted\nwithin six months after the filing of the notice of appeal, unless the\ntime within which to prosecute the same shall have been extended by the\ncourt, shall be deemed to have been abandoned, and no agreement between\nthe parties extending the time within which the appeal may be prosecuted\nshall vary the provisions hereof.\n