N.Y. Family Court Act § 1114: Effect of appeal; stay

§ 1114. Effect of appeal; stay. (a) The timely filing of a notice of

appeal under this article does not stay the order from which the appeal

is taken.

(b) Except as provided in subdivision (d) of this section, a justice

of the appellate division to which an appeal is taken may stay execution

of the order from which the appeal is taken on such conditions, if any,

as may be appropriate.

(c) If the order appealed from is an order of support under articles

four or five, the stay may be conditioned upon the giving of sufficient

surety by a written undertaking approved by such judge of the appellate

division, that during the pendency of the appeal, the appellant will pay

the amount specified in the order to the family court from whose order

the appeal is taken. The stay may further provide that the family court

(i) shall hold such payments in escrow, pending determination of the

appeal or (ii) shall disburse such payments or any part of them for the

support of the petitioner or other person for whose benefit the order

was made.

(d) Any party to a child protective proceeding, or the attorney for

the child, may apply to a justice of the appellate division for a stay

of an order issued pursuant to part two of article ten of this chapter

returning a child to the custody of a respondent. The party applying for

the stay shall notify the attorneys for all parties and the attorney for

the child of the time and place of such application. If requested by any

party present, oral argument shall be had on the application, except for

good cause stated upon the record. The party applying for the stay shall

state in the application the errors of fact or law allegedly committed

by the family court. A party applying to the court for the granting or

continuation of such stay shall make every reasonable effort to obtain a

complete transcript of the proceeding before the family court.

If a stay is granted, a schedule shall be set for an expedited appeal.