N.Y. Real Property Actions & Proceedings Law § 1064: Appeal not to stay execution if undertaking is given

§ 1064. Appeal not to stay execution if undertaking is given. An

appeal from a final judgment awarding to the plaintiff possession of the

part admeasured and laid off to her does not stay the execution thereof

unless the court, or a judge thereof, grants an order directing such a

stay. Such an order shall not be granted if an undertaking is given on

the part of the respondent, with one or more sureties approved by the

court, or a judge thereof, to the effect that, if the judgment appealed

from is reversed or modified, and restitution is awarded, she will pay

to the person entitled thereto the value of the use and occupation of

the part so admeasured and laid off to her, or of the portion

restitution of which is awarded, during the time she holds possession

thereof, by virtue of the judgment.