Legislation
SECTION 2204
Appeal involving abolished court; judgment or order of abolished court
New York City Civil Court Act (CCA) CHAPTER 693, ARTICLE 22
§ 2204. Appeal involving abolished court; judgment or order of
abolished court. (a) If on the effective date of this act there existed
a right of appeal from a judgment or order entered before the effective
date of this act in either the city court or the municipal court of the
city of New York, and the time in which to appeal as provided for in the
practice obtaining in those courts has not expired, such time shall
continue to run as if such courts were not abolished and an appeal may
be taken within such time by the service of a notice of appeal upon the
respondent or respondents and by the filing of the same with the clerk
of this court in the county wherein, or embracing the district wherein,
the judgment or order was entered in the abolished court.
(b) Such appeal shall be taken to the appellate division of the
appropriate department, and may be transferred by such appellate
division to an appellate term of such department if such term be
established. Further appeal from either of such courts shall be
governed by the same provisions as would govern judgments or orders
entered in this court after the effective date of this act.
(c) If the judgment or order is entered by this court after the
effective date of this act, it shall be treated, for purposes of appeal,
as if the action or proceeding was commenced in this court, except as
provided in subdivision (d).
(d) If in any action or proceeding decided prior to the effective date
of this act, a party had a right of direct appeal from one of the
abolished courts to the court of appeals, such appeal may be taken
directly to the court of appeals during the time such party would have
had under the practice obtaining in the abolished court as if such court
were not abolished; and if the judgment or order in such case is entered
in this court after the effective date of this act, the time in which to
take such direct appeal shall be governed by the practice obtaining in
the abolished court as if such court entered the judgment or order. The
notice of appeal, if not filed as of the effective date of this act,
shall be served on the respondent or respondents and shall be filed with
the clerk of this court in the county wherein, or embracing the district
wherein, the judgment or order was or would have been entered in the
abolished court.
(e) For all purposes except appeal, a judgment or order entered by
either abolished court shall be treated as if the action or proceeding
in which the same was entered was commenced in this court and the
judgment or order entered herein.
abolished court. (a) If on the effective date of this act there existed
a right of appeal from a judgment or order entered before the effective
date of this act in either the city court or the municipal court of the
city of New York, and the time in which to appeal as provided for in the
practice obtaining in those courts has not expired, such time shall
continue to run as if such courts were not abolished and an appeal may
be taken within such time by the service of a notice of appeal upon the
respondent or respondents and by the filing of the same with the clerk
of this court in the county wherein, or embracing the district wherein,
the judgment or order was entered in the abolished court.
(b) Such appeal shall be taken to the appellate division of the
appropriate department, and may be transferred by such appellate
division to an appellate term of such department if such term be
established. Further appeal from either of such courts shall be
governed by the same provisions as would govern judgments or orders
entered in this court after the effective date of this act.
(c) If the judgment or order is entered by this court after the
effective date of this act, it shall be treated, for purposes of appeal,
as if the action or proceeding was commenced in this court, except as
provided in subdivision (d).
(d) If in any action or proceeding decided prior to the effective date
of this act, a party had a right of direct appeal from one of the
abolished courts to the court of appeals, such appeal may be taken
directly to the court of appeals during the time such party would have
had under the practice obtaining in the abolished court as if such court
were not abolished; and if the judgment or order in such case is entered
in this court after the effective date of this act, the time in which to
take such direct appeal shall be governed by the practice obtaining in
the abolished court as if such court entered the judgment or order. The
notice of appeal, if not filed as of the effective date of this act,
shall be served on the respondent or respondents and shall be filed with
the clerk of this court in the county wherein, or embracing the district
wherein, the judgment or order was or would have been entered in the
abolished court.
(e) For all purposes except appeal, a judgment or order entered by
either abolished court shall be treated as if the action or proceeding
in which the same was entered was commenced in this court and the
judgment or order entered herein.