New York Laws
Article 460 - Appeals--Taking and Perfection Thereof and Stays During Pendency Thereof
460.60 - Stay of Judgment Pending Appeal to Court of Appeals From Intermediate Appellate Court.

(b) If the application for leave to appeal is denied, the stay or
suspension pending the application automatically terminates upon the
signing of the certificate denying leave. Upon such termination, the
certificate denying leave must be sent to the criminal court in which
the original judgment was entered, and the latter must proceed in the
manner provided in subdivision five of section 460.50 of this chapter.
2. An application pursuant to subdivision one must be made upon
reasonable notice to the people, and the people must be accorded
adequate opportunity to appear in opposition thereto. Such an
application may be made immediately after the entry of the order sought
to be appealed or at any subsequent time during the pendency of the
appeal. Not more than one application may be made pursuant to this
section.
3. Notwithstanding the provisions of subdivision one, if within one
hundred twenty days after the issuance of a certificate granting leave
to appeal, the appeal or prospective appeal has not been brought to
argument in or submitted to the court of appeals, the operation of an
order issued pursuant to subdivision one of this section terminates and
the defendant must surrender himself to the criminal court in which the
original judgment was entered in order that execution of such judgment
be commenced or resumed; except that this subdivision does not apply
where the court of appeals has (a) extended the time for argument or
submission of the appeal to a date beyond the specified period of one
hundred twenty days and (b) upon application of the defendant expressly
ordered that the operation of such order continue until the date of the
determination of the appeal or some other designated future date or
occurrence.
4. Where the defendant is at liberty during the pendency of an appeal
as a result of an order issued pursuant to this section, the court of
appeals upon affirmance of the judgment or order, must, by appropriate
certificate, remit the case to the criminal court in which the judgment
was entered, and the latter must proceed in the manner provided in
subdivision five of section 460.50 of this chapter.