New York § 71 - 71Appeal to the appellate division

§ 71. 71Appeal to the appellate division

§ 71. Appeal to the appellate division. The city, or any party or person affected by the proceeding and aggrieved by the final decree of the court therein, may appeal to the appellate division of the court. An appeal from the final decree of the court must be taken within thirty days after notice of the filing of the final decree. Except as herein otherwise provided, such appeal shall be taken and heard in the manner provided in relation to appeals from judgments in special proceedings, and such appeal shall be heard and determined by such appellate division upon the merits both as to matters of law and fact. The determination of the appellate division shall be in the form of an order. But the taking of an appeal by any person shall not operate to stay the proceedings under this chapter, except as to the particular parcel of property with which the appeal is concerned. The final decree of the court shall be deemed to be final and conclusive upon all parties and persons affected thereby who have not appealed. Such appeal shall be heard upon the evidence taken by the court, or such part or portion thereof as the court may certify or the parties to the appeal may agree upon as sufficient to present the merits of the questions in respect to which such appeal shall be had. An appeal taken but not prosecuted within six months after the filing of the notice of appeal, unless the time within which to prosecute the same shall have been extended by the court, shall be deemed to have been abandoned, and no agreement between the parties extending the time within which the appeal may be prosecuted shall vary the provisions hereof.