A New York appeal bond, referred to in the New York C.V.P. Law as an “undertaking” is one of various methods of staying the enforcement of a civil judgment. An appeal can be made by a party when an order or judgment has been entered by a judge. The statute does not appear to allow appeal of mutual settlements or arbitration. Although you may exercise your appeal right the notice and filing of appeal does not stay execution of a judgment against you. A New York appeal bond undertaking must be posted with the appropriate clerk of court to achieve a stay. Pursuant to N.Y. CVP. LAW § 5519 : NY Code – Section 5519, (a) Stay without court order. Service upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination on the motion for permission to appeal where: (2). the judgment or order directs the payment of a sum of money, and a New York appeal bond in that sum is given that if 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 the amount directed to be paid by the judgment or order, or the part of it as to which the judgment or order is affirmed. Although the statute does not state so, the New York undertaking is also referred to in some venues as a New York supersedeas bond, although this tends to be terminology more common in the federal courts. The bond is nonetheless the same thing. N.Y. CVP. LAW § 2502 : NY Code – Section 2502, addresses the qualifications of sureties and the New York appeal bond form, to wit; (a) Surety; form of affidavit. Unless the court orders otherwise, surety shall be: 1. an insurance company authorized to execute the undertaking within the state: AND, (d) Acknowledgment. The New York supersedeas bond undertaking shall be acknowledged in the form required to entitle a deed to be recorded.
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