Discretionary Stays on Appeal by Court Order: A Refresher

Posted on October 25, 2012

Reprinted with permission from: New York State Bar Association Journal, October 2012, Vol. 84, No. 8, published by the New York State Bar Association, One Elk Street, Albany, New York 12207.

Civil Practice Law and Rules (CPLR) 5519 provides the primary means for litigants in civil judicial proceedings to obtain a stay of enforcement of a judgment or order, pending appeal of that judgment or order. The statute identifies several categories of possible “automatic” stays provided to parties, with the application of each category of automatic stay predicated upon the occurrence of specified facts and/or events in each case.

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