Title CVP, Civil Practice Law & Rules

§ 5253. Cost of living adjustment for personal and real property\nexempt from application to the satisfaction of money judgments and\nexemptions in bankruptcy. (a) Beginning on April first, two thousand\ntwelve, and at each three-year interval ending on April first\nthereafter, …

§ 5300. Citation. This article may be cited as the "Uniform Foreign Country Money Judgments Act."

§ 5301. Definitions. As used in this article the following definitions shall be applicable. (a) Foreign country. "Foreign country" means a government other than: 1. the United States; 2. a state, district, commonwealth, territory or insular possession of the United States; or 3.…

§ 5302. Applicability. (a) Except as otherwise provided in subdivision (b) of this section, the provisions of this article apply to a foreign country judgment to the extent that such judgment: 1. grants or denies recovery of a sum of money; and 2. under the law of the foreign co…

§ 5303. Recognition enforcement, and proceedings. (a) Except as is otherwise provided in section fifty-three hundred four of this article or any controlling law of the United States, a court of this state shall recognize a foreign country judgment to which this article applies a…

§ 5304. Grounds for non-recognition. (a) A court of this state may not recognize a foreign country judgment if: 1. the judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law; 2.…

§ 5305. Personal jurisdiction. (a) A foreign country judgment may not be refused recognition for lack of personal jurisdiction if: 1. the defendant was served with process personally in the foreign country; 2. the defendant voluntarily appeared in the proceeding, other than for …

§ 5306. Stay of a proceeding pending appeal of a foreign country judgment. If a party establishes that an appeal from a foreign country judgment is pending or will be taken, the court may stay any proceeding with regard to the foreign country judgment until the appeal is conclud…

§ 5307. Effect of recognition. (a) If the court, in a proceeding under section fifty-three hundred five of this article finds that the judgment is entitled to recognition under this article, then, to the extent that the foreign country judgment grants or denies recovery of a sum…

§ 5308. Uniformity of interpretation. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions.

§ 5401. Definition. In this article "foreign judgment" means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state, except one obtained by default in appearance, or by confession of judgment.…

§ 5402. Filing and status of foreign judgments. (a) Filing. A copy of any foreign judgment authenticated in accordance with an act of congress or the statutes of this state may be filed within ninety days of the date of authentication in the office of any county clerk of the sta…

§ 5403. Notice of filing. Within thirty days after filing of the judgment and the affidavit, the judgment creditor shall mail notice of filing of the foreign judgment to the judgment debtor at his last known address. The proceeds of an execution shall not be distributed to the j…

§ 5404. Stay. (a) Based upon security in foreign jurisdiction. If the judgment debtor shows the supreme court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgm…

§ 5405. Fees. When a foreign judgment is filed pursuant to this article, an index number shall be assigned in accordance with the provisions of subdivision (a) of section 8018 and the fee shall be as prescribed therein.

§ 5406. Optional procedure. The right of a judgment creditor to proceed by an action on the judgment or a motion for summary judgment in lieu of complaint, instead of proceeding under this article, remains unimpaired.

§ 5407. Uniformity of interpretation. This article shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact these provisions.

§ 5408. Citation. This article may be cited as the "Uniform Enforcement of Foreign Judgments Act."

§ 5501. Scope of review. (a) Generally, from final judgment. An appeal from a final judgment brings up for review: 1. any non-final judgment or order which necessarily affects the final judgment, including any which was adverse to the respondent on the appeal from the final judg…

§ 5511. Permissible appellant and respondent. An aggrieved party or a person substituted for him may appeal from any appealable judgment or order except one entered upon the default of the aggrieved party. He shall be designated as the appellant and the adverse party as the resp…

§ 5512. Appealable paper; entry of order made out of court. (a) Appealable paper. An initial appeal shall be taken from the judgment or order of the court of original instance and an appeal seeking review of an appellate determination shall be taken from the order entered in the…

§ 5513. Time to take appeal, cross-appeal or move for permission to appeal. (a) Time to take appeal as of right. An appeal as of right must be taken within thirty days after service by a party upon the appellant of a copy of the judgment or order appealed from and written notice…

§ 5514. Extension of time to take appeal or to move for permission to appeal. (a) Alternate method of appeal. If an appeal is taken or a motion for permission to appeal is made and such appeal is dismissed or motion is denied and, except for time limitations in section 5513, som…

§ 5515. Taking an appeal; notice of appeal. 1. An appeal shall be taken by serving on the adverse party a notice of appeal and filing it in the office where the judgment or order of the court of original instance is entered except that where an order granting permission to appea…

Rule 5516. Motion for permission to appeal. A motion for permission to appeal shall be noticed to be heard at a motion day at least eight days and not more than fifteen days after notice of the motion is served, unless there is no motion day during that period, in which case at …

§ 5517. Subsequent orders. (a) Appeal not affected by certain subsequent orders. An appeal shall not be affected by: 1. the granting of a motion for reargument or the granting of an order upon reargument making the same or substantially the same determination as is made in the o…

§ 5518. Preliminary injunction or temporary restraining order by appellate division. The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission to appeal in any case spec…

§ 5519. Stay of enforcement. (a) Stay without court order. Service upon the adverse party of a notice of appeal or an affidavit of intention to move for permission to appeal stays all proceedings to enforce the judgment or order appealed from pending the appeal or determination …

§ 5520. Omissions; appeal by improper method. (a) Omissions. If an appellant either serves or files a timely notice of appeal or notice of motion for permission to appeal, but neglects through mistake or excusable neglect to do another required act within the time limited, the c…

Rule 5521. Preferences. (a) Preferences in the hearing of an appeal may be granted in the discretion of the court to which the appeal is taken. (b) Consistent with the provisions of section one thousand one hundred twelve of the family court act, appeals from orders, judgments o…

Rule 5522. Disposition of appeal. (a) A court to which an appeal is taken may reverse, affirm, or modify, wholly or in part, any judgment, or order before it, as to any party. The court shall render a final determination or, where necessary or proper, remit to another court for …

§ 5523. Restitution. A court reversing or modifying a final judgment or order or affirming such a reversal or modification may order restitution of property or rights lost by the judgment or order, except that where the title of a purchaser in good faith and for value would be a…

Rule 5524. Entry of order; remittitur and further proceedings. (a) Entry of order in appellate court. An order of a court to which an appeal is taken shall be entered in the office of the clerk of that court. (b) Remittitur and further proceedings. A copy of the order of the cou…

Rule 5525. Preparation and settlement of transcript; statement in lieu of transcript. (a) Preparation of transcript. Where a stenographic record of the proceedings is made, the appellant, within the time for taking the appeal, shall serve upon the stenographic reporter a request…

Rule 5526. Content and form of record on appeal. The record on appeal from a final judgment shall consist of the notice of appeal, the judgment-roll, the corrected transcript of the proceedings or a statement pursuant to subdivision (d) of rule 5525 if a trial or hearing was hel…

Rule 5527. Statement in lieu of record on appeal. When the questions presented by an appeal can be determined without an examination of all the pleadings and proceedings, the parties may prepare and sign a statement showing how the questions arose and were decided in the court f…

Rule 5528. Content of briefs and appendices. (a) Appellant's brief and appendix. The brief of the appellant shall contain in the following order: 1. a table of contents, which shall include the contents of the appendix, if it is not bound separately, with references to the initi…

Rule 5529. Form of briefs and appendices. (a) Form of reproduction; size; paper; binding. 1. Briefs and appendices shall be reproduced by any method that produces a permanent, legible, black image on white paper. Paper shall be of a quality approved by the chief administrator of…

Rule 5530. Filing record and briefs; service of briefs. (a) Generally. Within twenty days after settlement of the transcript or after settlement of the statement in lieu of stenographic transcript or after approval of the statement in lieu of record, the appellant shall file wit…

Rule 5531. Description of action. The appellant shall file together with the record on appeal, in both criminal and civil actions, a statement containing the following information listed and numbered in the following order: 1. the index number of the case in the court below, 2. …

Rule 5532. Stipulation in lieu of certification. The parties or their attorneys may stipulate as to the correctness of the entire record on appeal or any portion thereof in lieu of certification.

§ 5601. Appeals to the court of appeals as of right. (a) Dissent. An appeal may be taken to the court of appeals as of right in an action originating in the supreme court, a county court, a surrogate's court, the family court, the court of claims or an administrative agency, fro…

§ 5602. Appeals to the court of appeals by permission. (a) Permission of appellate division or court of appeals. An appeal may be taken to the court of appeals by permission of the appellate division granted before application to the court of appeals, or by permission of the cou…

§ 5611. When appellate division order deemed final. If the appellate division disposes of all the issues in the action its order shall be considered a final one, and a subsequent appeal may be taken only from that order and not from any judgment or order entered pursuant to it. …

§ 5612. Presumptions as to determinations of questions of fact. (a) Appeal from reversal or modification. On an appeal from an order of the appellate division reversing, modifying or setting aside a determination and rendering a final or interlocutory determination, except when …

§ 5613. Disposition upon reversal or modification. The court of appeals, upon reversing or modifying a determination of the appellate division, when it appears or must be presumed that questions of fact were not considered by the appellate division, shall remit the case to that …

§ 5614. Disposition upon certified questions. The order of the court of appeals determining an appeal upon certified questions shall certify its answers to the questions certified and direct entry of the appropriate judgment or order.

§ 5615. Disposition upon appeal from order granting new trial or hearing. When an appeal to the appellate division presented questions of fact and a further appeal is taken pursuant to subdivision (c) of section 5601, or subparagraph (iii) of paragraph two of subdivision (b) of …

§ 5701. Appeals to appellate division from supreme and county courts. (a) Appeals as of right. An appeal may be taken to the appellate division as of right in an action, originating in the supreme court or a county court: 1. from any final or interlocutory judgment except one en…

§ 5702. Appeals to appellate division from other courts of original instance. An appeal may be taken to the appellate division from any judgment or order of a court of original instance other than the supreme court or a county court in accordance with the statute governing pract…