CPLR 5519 (NY State) When the 2 necessities have been met can the Trial Judge that Evicted me deny STAY?

Asked about 4 years ago - Buffalo, NY

Two necessities :
a. "Notice to Appeal" served on all Mar 9th
b. Affidavit indicating willingness to be held to 'Undertaking' along with Order to Show Cause (why STAY should not be ordered) served to Judge Apr i6th

Additional information

Thank you, Susan. I'd left the amount blank indicating I opt for the 'undertaking' The trial judge has denied 2 Order to Show Cause (motions) wonder if Appellate judge assigned would consider STAY if I refer to eviction order of trial judge ! Unless I get a STAY Warrant executes Apr 30th. What manner of Injunction could I get into this case. My complaint against the multiple housing landlord (yes! Catholic Charities) to Federal HUD in NY City is already under investigation by NYS Division of Human Rights since mid March, but no hope of it being finalized soon ! Another legal issue I should raise is as follows:
a. Tenancy Terminated Jan 31st
b. Judge ordered Eviction Feb 25th
c. Building Manager Accepted and cashed 2 Rent Cheques in full for months of Feb and Mar on Mar 10th 2010
d. Does c. above not automatically restore my tenancy lease ? And if so, is the Trial too not INVALIDATED ?

Attorney answers (1)

  1. Susan Pernick

    Contributor Level 15

    Answered . CPLR 5519 is tricky. Did the judge who issued the judgment and order of eviction set an amount to be paid (5519 [a][2])? Did it specify an amount for an undertaking?

    The most important section for you is 5519[a][7]. That provides for a stay if you pay an undertaking in an amount set by the court, and, if you lose on appeal, you must pay reasonable use and occupancy, from the date of the notice of appeal (March 9) to the date you give up possession of the property. You will also be responsible for interest for the same period, which in NY is 9%.

    In your order to show cause, did you ask the judge to fix the amount of the undertaking? It's usually twice the amount in dispute.

    I'd suggest you have a lawyer handle this for you from here on out. You're in murky territory, one that some lawyers find hard to navigate. And please don't write your own brief. I've never seen a good one written by a layperson (and I've seen terrible ones written by lawyers, too).

    DISCLAIMER -- This is not legal advice. It is for general information purposes only. No attorney-client relationship is hereby created.

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