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\nCountry Money Judgments Act."\n

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

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

§ 5303. Recognition enforcement, and proceedings. (a) Except as is\notherwise provided in section fifty-three hundred four of this article\nor any controlling law of the United States, a court of this state shall\nrecognize a foreign country judgment to which this article applie…

§ 5304. Grounds for non-recognition. (a) A court of this state may not\nrecognize a foreign country judgment if:\n 1. the judgment was rendered under a judicial system that does not\nprovide impartial tribunals or procedures compatible with the\nrequirements of due process of la…

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

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

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

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

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

§ 5402. Filing and status of foreign judgments. (a) Filing. A copy of\nany foreign judgment authenticated in accordance with an act of congress\nor the statutes of this state may be filed within ninety days of the\ndate of authentication in the office of any county clerk of the …

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

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

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

§ 5406. Optional procedure. The right of a judgment creditor to\nproceed by an action on the judgment or a motion for summary judgment in\nlieu of complaint, instead of proceeding under this article, remains\nunimpaired.\n

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

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

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

§ 5511. Permissible appellant and respondent. An aggrieved party or a\nperson substituted for him may appeal from any appealable judgment or\norder except one entered upon the default of the aggrieved party. He\nshall be designated as the appellant and the adverse party as the\n…

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

§ 5513. Time to take appeal, cross-appeal or move for permission to\nappeal. (a) Time to take appeal as of right. An appeal as of right must\nbe taken within thirty days after service by a party upon the appellant\nof a copy of the judgment or order appealed from and written not…

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

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

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

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

§ 5518. Preliminary injunction or temporary restraining order by\nappellate division. The appellate division may grant, modify or limit a\npreliminary injunction or temporary restraining order pending an appeal\nor determination of a motion for permission to appeal in any case\n…

§ 5519. Stay of enforcement. (a) Stay without court order. Service\nupon the adverse party of a notice of appeal or an affidavit of\nintention to move for permission to appeal stays all proceedings to\nenforce the judgment or order appealed from pending the appeal or\ndeterminat…

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

Rule 5521. Preferences. (a) Preferences in the hearing of an appeal\nmay be granted in the discretion of the court to which the appeal is\ntaken.\n (b) Consistent with the provisions of section one thousand one hundred\ntwelve of the family court act, appeals from orders, judgme…

Rule 5522. Disposition of appeal. (a) A court to which an appeal is\ntaken may reverse, affirm, or modify, wholly or in part, any judgment,\nor order before it, as to any party. The court shall render a final\ndetermination or, where necessary or proper, remit to another court f…

§ 5523. Restitution. A court reversing or modifying a final judgment\nor order or affirming such a reversal or modification may order\nrestitution of property or rights lost by the judgment or order, except\nthat where the title of a purchaser in good faith and for value would b…

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

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

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

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

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

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

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

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

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

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

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

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

§ 5612. Presumptions as to determinations of questions of fact. (a)\nAppeal from reversal or modification. On an appeal from an order of the\nappellate division reversing, modifying or setting aside a determination\nand rendering a final or interlocutory determination, except wh…

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

§ 5614. Disposition upon certified questions. The order of the court\nof appeals determining an appeal upon certified questions shall certify\nits answers to the questions certified and direct entry of the\nappropriate judgment or order.\n

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

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

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