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New York · Through 2026-09-11

N.Y. Family Court Act § 1112: Appealable orders

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Where this section sits in the code
  1. Family Court Act
  2. Article 11. Appeals

§ 1112. Appealable orders. a. An appeal may be taken as of right from

any order of disposition and, in the discretion of the appropriate

appellate division, from any other order under this act. An appeal from

an intermediate or final order in a case involving abuse or neglect may

be taken as of right to the appellate division of the supreme court.

Pending the determination of such appeal, such order shall be stayed

where the effect of such order would be to discharge the child, if the

family court or the court before which such appeal is pending finds that

such a stay is necessary to avoid imminent risk to the child's life or

health. A preference in accordance with rule five thousand five hundred

twenty-one of the civil practice law and rules shall be afforded,

without the necessity of a motion, for appeals under article three;

parts one and two of article six; articles seven, ten, and ten-A of this

act; and sections three hundred fifty-eight-a, three hundred

eighty-three-c, three hundred eighty-four, and three hundred

eighty-four-b of the social services law.

b. In any proceeding pursuant to article ten of this act or in any

proceeding pursuant to article ten-A of this act that originated as a

proceeding under article ten of this act where the family court issues

an order which will result in the return of a child previously remanded

or placed by the family court in the custody of someone other than the

respondent, such order shall be stayed until five p.m. of the next

business day after the day on which such order is issued unless such

stay is waived by all parties to the proceeding by written stipulation

or upon the record in family court. Nothing herein shall be deemed to

affect the discretion of a judge of the family court to stay an order

returning a child to the custody of a respondent for a longer period of

time than set forth in this subdivision.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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