N.Y. Family Court Act Law § 1112
Appealable orders
New York · New York Family Court Act Law · Status: effective · Effective 2014-09-22
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- N.Y. Family Court Act Law § 1112, Appealable orders, New York, version 1 as recorded 2026-07-25, yourstate.us, https://yourstate.us/provision/1107331
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Full text
§ 1112. Appealable orders. 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.