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Richard - Bizlaw
Richard - Bizlaw, Attorney
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Experience:  30 years experience corporate, litigation, international
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what is the proper form to use for an order to show cause to

Resolved Question:

what is the proper form to use for an order to show cause to release an appeal bond after the final decision has been rendered and notice if entry filed?

new york state supreme court case that was appealed at the appellate division. appellate division ordered the appeal bond to stay the sale of property during the appeal.

have decision and notice of entry.
Submitted: 4 years ago.
Category: Legal
Expert:  Richard - Bizlaw replied 4 years ago.
The Appellate Division reached a decision and sustained the position of the person who appealed and posted the bond, is that correct? Has the time to appeal to the Court of Appeals expired?
Customer: replied 4 years ago.
the person who appealed and posted the bond did not get the decision overturned.

but it has been 3 years since the notice f entry. time to appeal has ended long ago.

Expert:  Richard - Bizlaw replied 4 years ago.

If the judgement of the court below has been fully satisifed, then the bond would be released, you could show a satisfaction of judgment. The appeal bond is to assure payment of the lower court judgment if the appeal is not successful. Otherwise, the bond will not be released and I am surprised it has not been called upon if the original judgment has not been satisfied.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Customer: replied 4 years ago.
there wasnt a dollar judgment.

it was to stay the sale of some property during the process of the appeal since the caim was an ownership dispute.
Expert:  Richard - Bizlaw replied 4 years ago.

Unless the case was dismissed and terminated without an award of money damages for the prevention of the sale, the appeal bond will remain. If you have a order terminating the case with prejudice and lifting the stay with no award of damages, then you should be able to terminate the appeal bond. Conttact the clerk of the court as you may not need an order to show cause just a stipulation from the other side agreeing that the bond is no longer needed.

 

This communication is not intended as legal advice. A local attorney should always be consulted for legal advice. No client/attorney relationship is intended or created by this communication.

Richard - Bizlaw, Attorney
Category: Legal
Satisfied Customers: 8653
Experience: 30 years experience corporate, litigation, international
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