Section 5-369. Appeals  


Latest version.
  • Within  twenty  days  after  the making, entry and
      service of the final decree, either  party  may  appeal  by  notice,  in
      writing,  to the appellate division of the supreme court of the judicial
      department in which the real estate described in the petition and  shown
      on  the  map  is  situated.  Such  appeal  shall be heard, on due notice
      thereof being given, according to the rules and practice of such  court,
      and  pending  such  appeal  the  comptroller shall deposit in such trust
      company as the court  shall  direct,  the  amount  of  the  award,  with
      interest  to  the  date of such deposit and the funds so deposited shall
      remain with the trust company, subject  to  the  further  order  of  the
      court. On the hearing of such appeal the court may direct a new trial by
      the  supreme  court  and  either  party if aggrieved, may take a further
      appeal, which shall be heard and determined by the court of appeals.  If
      the  amount of compensation to be made by the city shall be increased at
      the second trial, the difference shall be paid by the comptroller to the
      parties entitled to the same, or shall be deposited, as  the  court  may
      direct;  and  if the amount shall be diminished, the difference shall be
      refunded to the city by the trust company. The taking of  an  appeal  by
      any   person  or  persons,  however,  shall  not  operate  to  stay  the
      proceedings under this subchapter, providing  such  award  and  interest
      have been deposited.