Current through 2024 NY Law Chapter 456
Section 2204 - Appeal involving pending action or proceeding; judgment or order of court(a) If on the effective date of this act there existed a right of appeal from a judgment or order entered before the effective date of this act in any court to which this act applies, and the time in which to appeal as provided for in the practice obtaining in such court prior to the effective date hereof has not expired, such time shall continue to run as if this act did not take effect and an appeal may be taken within such time by the service of a notice of appeal upon the respondent or respondents and by the filing of the same with the clerk of this court.(b) Such appeal shall be taken to the county court or, if an appellate term has been established in the department and the appellate division has directed that such appeal be taken to such term, it shall be so taken. Further appeal from either of such courts shall be governed by the same provisions as would govern judgments or orders entered in this court after the effective date of this act.(c) If the judgment or order is entered by this court after the effective date of this act, it shall be treated, for purposes of appeal, as if the action or proceeding were commenced in this court after such effective date, except as provided in subdivision (d).(d) If in any action or proceeding decided prior to the effective date of this act, a party had a right of direct appeal from the court to the court of appeals, such appeal may be taken directly to the court of appeals during the time such party would have had under the practice obtaining in the court prior to the effective date hereof; and if the judgment or order in such case is entered after the effective date of this act, the time in which to take such direct appeal shall be governed by the practice obtaining in the court as if such court entered the judgment or order prior to the effective date hereof. The notice of appeal, if not filed as of the effective date of this act, shall be served on the respondent or respondents and shall be filed with the clerk of this court.(e) For all purposes except appeal, a judgment or order entered by the court before the effective date hereof shall be treated as if the action or proceeding in which the same was entered was commenced in this court and the judgment or order entered herein after such effective date.N.Y. Uniform City Court § 2204