N.Y. Rapid Transit Law § 71: Appeal to the appellate division

§ 71. Appeal to the appellate division. The city, or any party or

person affected by the proceeding and aggrieved by the final decree of

the court therein, may appeal to the appellate division of the court. An

appeal from the final decree of the court must be taken within thirty

days after notice of the filing of the final decree. Except as herein

otherwise provided, such appeal shall be taken and heard in the manner

provided in relation to appeals from judgments in special proceedings,

and such appeal shall be heard and determined by such appellate division

upon the merits both as to matters of law and fact. The determination

of the appellate division shall be in the form of an order. But the

taking of an appeal by any person shall not operate to stay the

proceedings under this chapter, except as to the particular parcel of

property with which the appeal is concerned. The final decree of the

court shall be deemed to be final and conclusive upon all parties and

persons affected thereby who have not appealed. Such appeal shall be

heard upon the evidence taken by the court, or such part or portion

thereof as the court may certify or the parties to the appeal may agree

upon as sufficient to present the merits of the questions in respect to

which such appeal shall be had. An appeal taken but not prosecuted

within six months after the filing of the notice of appeal, unless the

time within which to prosecute the same shall have been extended by the

court, shall be deemed to have been abandoned, and no agreement between

the parties extending the time within which the appeal may be prosecuted

shall vary the provisions hereof.