Section 2204. Appeal involving pending action or proceeding; judgment or order of court


Latest version.
  • (a)  If  on  the  effective  date of this act there existed a right of
      appeal from a judgment or order entered before  the  effective  date  of
      this  act  in any court to which this act applies, and the time in which
      to appeal as provided for in the practice obtaining in such court  prior
      to  the  effective date hereof has not expired, such time shall continue
      to run as if this act did not take effect and an  appeal  may  be  taken
      within  such  time  by  the  service  of  a  notice  of  appeal upon the
      respondent or respondents and by the filing of the same with  the  clerk
      of this court.
        (b) Such appeal shall be taken to the county court or, if an appellate
      term  has  been established in the department and the appellate division
      has directed that such appeal be taken to such  term,  it  shall  be  so
      taken.  Further  appeal  from either of such courts shall be governed by
      the same provisions as would govern judgments or orders entered in  this
      court after the effective date of this act.
        (c)  If  the  judgment  or  order  is  entered by this court after the
      effective date of this act, it shall be treated, for purposes of appeal,
      as if the action or proceeding were commenced in this court  after  such
      effective date, except as provided in subdivision (d).
        (d) If in any action or proceeding decided prior to the effective date
      of  this act, a party had a right of direct appeal from the court to the
      court of appeals, such appeal may be taken  directly  to  the  court  of
      appeals  during  the  time  such party would have had under the practice
      obtaining in the court prior to the effective date hereof;  and  if  the
      judgment  or  order  in such case is entered after the effective date of
      this act, the time in which to take such direct appeal shall be governed
      by the practice obtaining in the court as  if  such  court  entered  the
      judgment  or  order  prior  to  the effective date hereof. The notice of
      appeal, if not filed as of the effective date  of  this  act,  shall  be
      served  on  the  respondent  or  respondents and shall be filed with the
      clerk of this court.
        (e) For all purposes except appeal, a judgment or order entered by the
      court before the effective date hereof shall be treated as if the action
      or proceeding in which the same was entered was commenced in this  court
      and the judgment or order entered herein after such effective date.