More information is needed. I suggest your question is too complex to answer on a public Q&A site like avvo without reviewing the decision and order as well as the notice of appeal.. Confer with and engage an experienced New York appeals lawyer to help you understand your rights under the Article 78 order and to hold appellant fully accountable. You will also need to oppose the appeal.
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On its face CPLR 5519(a)(1) confers an automatic stay, but there are some nuances beyond the scope of this free forum. The town will likely take the position that they have an automatic stay.
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The CPLR 5519 (a) stay is automatic when a the State or or a local government serves a notice of appeal.
">>>(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 on the motion for permission to appeal where: 1. the appellant or moving party is the state or any political subdivision of the state or any officer or agency of the state or of any political subdivision of the state>>>" -
See more at: http://codes.lp.findlaw.com/nycode/CVP/55/5519#sthash.xsHqfTLP.dpuf
The impact of the automatic stay is dramatic, because the stay is effective on service of the notice of appeal. You should contact the clerk of the Appellate Division Second Department. You may have a right to a conference to discuss the appeal (the built in six month delay in prosecuting the appeal may leave you without an effective remedy if you needed the documents to proceed to enforce a right and you cannot delay)
You may start learning about the appellate procedure and the court's rules at:
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.Ask a similar question