Section 1112. Appealable orders  


Latest version.
  • a. An appeal may be taken as of right from
      any order of disposition and,  in  the  discretion  of  the  appropriate
      appellate  division, from any other order under this act. An appeal from
      an intermediate or final order in a case involving abuse or neglect  may
      be  taken  as  of  right to the appellate division of the supreme court.
      Pending the determination of such appeal, such  order  shall  be  stayed
      where  the  effect of such order would be to discharge the child, if the
      family court or the court before which such appeal is pending finds that
      such a stay is necessary to avoid imminent risk to the child's  life  or
      health.  A preference in accordance with rule five thousand five hundred
      twenty-one of the civil  practice  law  and  rules  shall  be  afforded,
      without  the  necessity  of  a  motion, for appeals under article three;
      parts one and two of article six; articles seven, ten, and ten-A of this
      act;  and  sections   three   hundred   fifty-eight-a,   three   hundred
      eighty-three-c,   three   hundred   eighty-four,   and   three   hundred
      eighty-four-b of the social services law.
        b. In any proceeding pursuant to article ten of this  act  or  in  any
      proceeding  pursuant  to  article ten-A of this act that originated as a
      proceeding under article ten of this act where the family  court  issues
      an  order which will result in the return of a child previously remanded
      or placed by the family court in the custody of someone other  than  the
      respondent,  such  order  shall  be  stayed  until five p.m. of the next
      business day after the day on which such order  is  issued  unless  such
      stay  is  waived by all parties to the proceeding by written stipulation
      or upon the record in family court. Nothing herein shall  be  deemed  to
      affect  the  discretion  of a judge of the family court to stay an order
      returning a child to the custody of a respondent for a longer period  of
      time than set forth in this subdivision.