New York Laws
Article 55 - Appeals Generally
5519 - Stay of Enforcement.

(b) Stay in action defended by insurer. If an appeal is taken from a
judgment or order entered against an insured in an action which is

defended by an insurance corporation, or other insurer, on behalf of the
insured under a policy of insurance the limit of liability of which is
less than the amount of said judgment or order, all proceedings to
enforce the judgment or order to the extent of the policy coverage shall
be stayed pending the appeal, and no action shall be commenced or
maintained against the insurer for payment under the policy pending the
appeal, where the insurer:
1. files with the clerk of the court in which the judgment or order
was entered a sworn statement of one of its officers, describing the
nature of the policy and the amount of coverage together with a written
undertaking that if the judgment or order appealed from, or any part of
it, is affirmed, or the appeal is dismissed, the insurer shall pay the
amount directed to be paid by the judgment or order, or the part of it
as to which the judgment or order is affirmed, to the extent of the
limit of liability in the policy, plus interest and costs;
2. serves a copy of such sworn statement and undertaking upon the
judgment creditor or his attorney; and
3. delivers or mails to the insured at the latest address of the
insured appearing upon the records of the insurer, written notice that
the enforcement of such judgment or order, to the extent that the amount
it directs to be paid exceeds the limit of liability in the policy, is
not stated in respect to the insured. A stay of enforcement of the
balance of the amount of the judgment or order may be imposed by giving
an undertaking, as provided in paragraph two of subdivision (a), in an
amount equal to that balance.
(c) Stay and limitation of stay by court order. The court from or to
which an appeal is taken or the court of original instance may stay all
proceedings to enforce the judgment or order appealed from pending an
appeal or determination on a motion for permission to appeal in a case
not provided for in subdivision (a) or subdivision (b), or may grant a
limited stay or may vacate, limit or modify any stay imposed by
subdivision (a), subdivision (b) or this subdivision, except that only
the court to which an appeal is taken may vacate, limit or modify a stay
imposed by paragraph one of subdivision (a).
(d) Undertaking. On an appeal from an order affirming a judgment or
order, the undertaking shall secure both the order and the judgment or
order which is affirmed.
(e) Continuation of stay. If the judgment or order appealed from is
affirmed or modified, the stay shall continue for five days after
service upon the appellant of the order of affirmance or modification
with notice of its entry in the court to which the appeal was taken. If
an appeal is taken, or a motion is made for permission to appeal, from
such an order before the expiration of the five days, the stay shall
continue until five days after service of notice of the entry of the
order determining such appeal or motion. When a motion for permission to
appeal is involved, the stay, or any other stay granted pending
determination of the motion for permission to appeal, shall:
(i) if the motion is granted, continue until five days after the
appeal is determined; or
(ii) if the motion is denied, continue until five days after the
movant is served with the order of denial with notice of its entry.
(f) Proceedings after stay. A stay of enforcement shall not prevent
the court of original instance from proceeding in any matter not
affected by the judgment or order appealed from or from directing the
sale of perishable property.
(g) Appeals in medical, dental or podiatric malpractice judgments. In
an action for medical, dental or podiatric malpractice, if an appeal is
taken from a judgment in excess of one million dollars and an

undertaking in the amount of one million dollars or the limit of
insurance coverage available to the appellant for the occurrence,
whichever is greater, is given together with a joint undertaking by the
appellant and any insurer of the appellant's professional liability
that, during the period of such stay, the appellant will make no
voidable transaction as described in article ten of the debtor and
creditor law, the court to which such an appeal is taken shall stay all
proceedings to enforce the judgment pending such appeal if it finds that
there is a reasonable probability that the judgment may be reversed or
determined excessive. In making a determination under this subdivision,
the court shall not consider the availability of a stay pursuant to
subdivision (a) or (b) of this section. Liability under such joint
undertaking shall be limited to voidable transactions made by the
appellant subsequent to the execution of such undertaking and during the
period of such stay, but nothing herein shall limit the liability of the
appellant for voidable transactions pursuant to article ten of the
debtor and creditor law or any other law. An insurer that pays money to
a beneficiary of such a joint undertaking shall thereupon be subrogated,
to the extent of the amount to be paid, to the rights and interests of
such beneficiary, as a judgment creditor, against the appellant on whose
behalf the joint undertaking was executed.