Section 71. Appeal to the appellate division  


Latest version.
  • 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.