N.Y. CPLR § 5519

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5519 Stay of enforcement § 5519. Stay of enforcement. (a) Stay without court order. Serviceupon the adverse party of a notice of appeal or an affidavit ofintention to move for permission to appeal stays all proceedings toenforce the judgment or order appealed from pending the appeal ordetermination on the motion for permission to appeal where:1. the appellant or moving party is the state or any politicalsubdivision of the state or any officer or agency of the state or of anypolitical subdivision of the state; provided that where a court, afterconsidering an issue specified in question four of section seventy-eighthundred three of this chapter, issues a judgment or order directingreinstatement of a license held by a corporation with no more than fivestockholders and which employs no more than ten employees, a partnershipwith no more than five partners and which employs no more than tenemployees, a proprietorship or a natural person, the stay provided forby this paragraph shall be for a period of fifteen days; or2. the judgment or order directs the payment of a sum of money, and anundertaking in that sum is given that if the judgment or order appealedfrom, or any part of it, is affirmed, or the appeal is dismissed, theappellant or moving party shall pay the amount directed to be paid bythe judgment or order, or the part of it as to which the judgment ororder is affirmed; or3. the judgment or order directs the payment of a sum of money, to bepaid in fixed installments, and an undertaking in a sum fixed by thecourt of original instance is given that the appellant or moving partyshall pay each installment which becomes due pending the appeal and thatif the judgment or order appealed from, or any part of it, is affirmed,or the appeal is dismissed, the appellant or rtyshall pay each installment which becomes due pending the appeal and thatif the judgment or order appealed from, or any part of it, is affirmed,or the appeal is dismissed, the appellant or moving party shall pay anyinstallments or part of installments then due or the part of them as towhich the judgment or order is affirmed; or4. the judgment or order directs the assignment or delivery ofpersonal property, and the property is placed in the custody of anofficer designated by the court of original instance to abide thedirection of the court to which the appeal is taken, or an undertakingin a sum fixed by the court of original instance is given that theappellant or moving party will obey the direction of the court to whichthe appeal is taken; or5. the judgment or order directs the execution of any instrument, andthe instrument is executed and deposited in the office where theoriginal judgment or order is entered to abide the direction of thecourt to which the appeal is taken; or6. the appellant or moving party is in possession or control of realproperty which the judgment or order directs be conveyed or delivered,and an undertaking in a sum fixed by the court of original instance isgiven that the appellant or moving party will not commit or suffer to becommitted any waste and that if the judgment or order appealed from, orany part of it, is affirmed, or the appeal is dismissed, the appellantor moving party shall pay the value of the use and occupancy of suchproperty, or the part of it as to which the judgment or order isaffirmed, from the taking of the appeal until the delivery of possessionof the property; if the judgment or order directs the sale of mortgagedproperty and the payment of any deficiency, the undertaking shall alsoprovide that the appellant or moving party shall pay any suchdeficiency; or7. the judgment or order directs the performance of two or more of theacts sp deficiency, the undertaking shall alsoprovide that the appellant or moving party shall pay any suchdeficiency; or7. the judgment or order directs the performance of two or more of theacts specified in subparagraphs two through six and the appellant ormoving party complies with each applicable subparagraph.(b) Stay in action defended by insurer. If an appeal is taken from ajudgment or order entered against an insured in an action which isdefended by an insurance corporation, or other insurer, on behalf of theinsured under a policy of insurance the limit of liability of which isless than the amount of said judgment or order, all proceedings toenforce the judgment or order to the extent of the policy coverage shallbe stayed pending the appeal, and no action shall be commenced ormaintained against the insurer for payment under the policy pending theappeal, where the insurer:1. files with the clerk of the court in which the judgment or orderwas entered a sworn statement of one of its officers, describing thenature of the policy and the amount of coverage together with a writtenundertaking that if the judgment or order appealed from, or any part ofit, is affirmed, or the appeal is dismissed, the insurer shall pay theamount directed to be paid by the judgment or --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only order, or the part of itas to which the judgment or order is affirmed, to the extent of thelimit of liability in the policy, plus interest and costs;2. serves a copy of such sworn statement and undertaking upon thejudgment creditor or his attorney; and3. delivers or mails to the insured at the latest address of theinsured appearing upon the records of the insurer, written notice thatthe enforcement of such judgment or order, to the extent that the amountit directs to be paid exceeds the limit of liability in the policy, isnot sta he records of the insurer, written notice thatthe enforcement of such judgment or order, to the extent that the amountit directs to be paid exceeds the limit of liability in the policy, isnot stated in respect to the insured. A stay of enforcement of thebalance of the amount of the judgment or order may be imposed by givingan undertaking, as provided in paragraph two of subdivision (a), in anamount equal to that balance.(c) Stay and limitation of stay by court order. The court from or towhich an appeal is taken or the court of original instance may stay allproceedings to enforce the judgment or order appealed from pending anappeal or determination on a motion for permission to appeal in a casenot provided for in subdivision (a) or subdivision (b), or may grant alimited stay or may vacate, limit or modify any stay imposed bysubdivision (a), subdivision (b) or this subdivision, except that onlythe court to which an appeal is taken may vacate, limit or modify a stayimposed by paragraph one of subdivision (a).(d) Undertaking. On an appeal from an order affirming a judgment ororder, the undertaking shall secure both the order and the judgment ororder which is affirmed.(e) Continuation of stay. If the judgment or order appealed from isaffirmed or modified, the stay shall continue for five days afterservice upon the appellant of the order of affirmance or modificationwith notice of its entry in the court to which the appeal was taken. Ifan appeal is taken, or a motion is made for permission to appeal, fromsuch an order before the expiration of the five days, the stay shallcontinue until five days after service of notice of the entry of theorder determining such appeal or motion. When a motion for permission toappeal is involved, the stay, or any other stay granted pendingdetermination of the motion for permission to appeal, shall:(i) if the motion is granted, continue until a motion for permission toappeal is involved, the stay, or any other stay granted pendingdetermination of the motion for permission to appeal, shall:(i) if the motion is granted, continue until five days after theappeal is determined; or(ii) if the motion is denied, continue until five days after themovant is served with the order of denial with notice of its entry.(f) Proceedings after stay. A stay of enforcement shall not preventthe court of original instance from proceeding in any matter notaffected by the judgment or order appealed from or from directing thesale of perishable property.(g) Appeals in medical, dental or podiatric malpractice judgments. Inan action for medical, dental or podiatric malpractice, if an appeal istaken from a judgment in excess of one million dollars and anundertaking in the amount of one million dollars or the limit ofinsurance coverage available to the appellant for the occurrence,whichever is greater, is given together with a joint undertaking by theappellant and any insurer of the appellant's professional liabilitythat, during the period of such stay, the appellant will make novoidable transaction as described in article ten of the debtor andcreditor law, the court to which such an appeal is taken shall stay allproceedings to enforce the judgment pending such appeal if it finds thatthere is a reasonable probability that the judgment may be reversed ordetermined excessive. In making a determination under this subdivision,the court shall not consider the availability of a stay pursuant tosubdivision (a) or (b) of this section. Liability under such jointundertaking shall be limited to voidable transactions made by theappellant subsequent to the execution of such undertaking and during theperiod of such stay, but nothing herein shall limit the liability of theappellant for voidable transactions pursuant to article ten of thedebtor and credito of such undertaking and during theperiod of such stay, but nothing herein shall limit the liability of theappellant for voidable transactions pursuant to article ten of thedebtor and creditor law or any other law. An insurer that pays money toa beneficiary of such a joint undertaking shall thereupon be subrogated,to the extent of the amount to be paid, to the rights and interests ofsuch beneficiary, as a judgment creditor, against the appellant on whosebehalf the joint undertaking was executed. CPLR § 5519 Page 2