This text of New York § 2204 (Appeal involving pending action or proceeding; judgment or order of 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 pending action or proceeding; judgment or order\n of court.\n (a) If on the effective date of this act there existed a right of\nappeal from a judgment or order entered before the effective date of\nthis act in any court to which this act applies, and the time in which\nto appeal as provided for in the practice obtaining in such court prior\nto the effective date hereof has not expired, such time shall continue\nto run as if this act did not take effect and an appeal may be taken\nwithin 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.\n (b) Such appeal shall be taken to the county court or, if an appellate\nterm has been established in the department and the ap
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§ 2204. Appeal involving pending action or proceeding; judgment or order\n of court.\n (a) If on the effective date of this act there existed a right of\nappeal from a judgment or order entered before the effective date of\nthis act in any court to which this act applies, and the time in which\nto appeal as provided for in the practice obtaining in such court prior\nto the effective date hereof has not expired, such time shall continue\nto run as if this act did not take effect and an appeal may be taken\nwithin 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.\n (b) Such appeal shall be taken to the county court or, if an appellate\nterm has been established in the department and the appellate division\nhas directed that such appeal be taken to such term, it shall be so\ntaken. Further appeal from either of such courts shall be governed by\nthe same provisions as would govern judgments or orders entered in this\ncourt 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 were commenced in this court after such\neffective date, except as provided 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 the court to the\ncourt of appeals, such appeal may be taken directly to the court of\nappeals during the time such party would have had under the practice\nobtaining in the court prior to the effective date hereof; and if the\njudgment or order in such case is entered after the effective date of\nthis act, the time in which to take such direct appeal shall be governed\nby the practice obtaining in the court as if such court entered the\njudgment or order prior to the effective date hereof. The notice of\nappeal, if not filed as of the effective date of this act, shall be\nserved on the respondent or respondents and shall be filed with the\nclerk of this court.\n (e) For all purposes except appeal, a judgment or order entered by the\ncourt before the effective date hereof shall be treated as if the action\nor proceeding in which the same was entered was commenced in this court\nand the judgment or order entered herein after such effective date.\n