Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 2204
Appeal involving pending action or proceeding; judgment or order of court
Uniform Justice Court Act (UJC) CHAPTER 898, ARTICLE 22
§ 2204. Appeal involving pending action or proceeding; judgment or order

of 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 any court to which this act applies, and the time in which
to appeal as provided for in the practice obtaining in such court prior
to the effective date hereof has not expired, such time shall continue
to run as if this act did not take effect 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.

(b) Such appeal shall be taken to the county court or, if an appellate
term has been established in the department and the appellate division
has directed that such appeal be taken to such term, it shall be so
taken. 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 were commenced in this court after such
effective date, 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 the court 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 court prior to the effective date hereof; and if the
judgment or order in such case is entered 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 court as if such court entered the
judgment or order prior to the effective date hereof. 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.

(e) For all purposes except appeal, a judgment or order entered by the
court before the effective date hereof 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 after such effective date.