§ 567. Filing undertaking on appeal. 568. Limiting or dispensing with security on appeal. 569. Waiver of security. 570. No security necessary on appeal by people, or certain public officers. 571. Security unnecessary on appeal by municipal corporation unless ordered. 580. Review on interlocutory judgment, or intermediate order. 581. Review of order of judge of another court. 582. Review of remarks or comments of trial judge. 583. Review of ruling to which exception has been taken. 584. Judgment or order on appeal. 585. Appeal from judgment of non-suit or general verdict. 586. Rights of parties after appeal from judgment in favor of owner in certain real property actions. 587. Restitution. ART. 38-APPEALS TO THE COURT OF APPEALS § 588. Jurisdiction of the court of appeals in civil actions and proceedings. 589. Limitations on appeal to court of appeals. 590. Appeal from final judgment rendered after affirmance of interlocutory judgment, or denial of motion for new trial. 591. Application for leave to appeal; stay pending application. 592. Limitation of time to appeal. 593. Security to perfect appeal. 594. Security to stay execution on judgment or order for money. 595. Security to stay execution on judgment or order for delivery of document or property. 596. Security to stay execution on judgment for a chattel. 597. Security to stay execution on judgment or order directing conveyance. 598. Security to stay execution on judgment or order for the sale or possession of real property. 599. Form of undertaking where appeal from judgment or order of affirm ance. 600. The last six sections qualified. 601. Case on appeal where verdict was subject to opinion of court. 602. When reversal presumed not to be on a question of fact. 603. Review of intermediate determination of appellate division upon appeal from final judgment. 604. Judgment or order of court of appeals. 605. When judgment absolute to be rendered and proceedings thereupon. 606. Remittituring. [Remittitur.] 607. Cancellation of undertaking on appeal from judgment of reversal by appellate division. ART. 39-APPEALS TO THE APPELLATE DIVISION OF THE SUPREME COURT § 608. Appeal from final judgment. 609. Appeal from order of court in action. 610. Appeal from judge's order in an action. 611. Appeal from interlocutory judgment. 612. Limitation of time to appeal. 613. Stay by appellate division pending appeal. 614. Stay of execution of judgment or order. 615. Stay of proceedings without order. 616. Record on appeal. 617. Where appeal to be heard. 618. Removal of appeal to another department. 619. Review limited to matters not previously disposed of by appellate division. 620. Order of reversal to specify grounds. 621. Entry of judgment or order of appellate division. ART. 40-APPEALS TO SUPREME COURT FROM INFERIOR COURTS § 622. Appeals to appellate division from inferior courts. 623. Appeals to supreme court from inferior courts. 624. Extent of review by appellate division on appeals from inferior courts. 625. Limitation of time to appeal from final judgment; security. 626. Limitation of time to appeal from order; stay of proceedings. 627. Hearing of appeals from city or municipal courts of New York; appellate terms of supreme court. 628. Hearing of appeals from city court of Buffalo. 629. Judgment or order of supreme court on appeal from inferior or local court. 630. Application of provisions relating to appeals in the supreme court. ART. 41-APPEALS FROM A DETERMINATION IN A SPECIAL PROCEEDING § 631. Appeal from order in special proceedings. 632. Limitation of time to appeal from final order in special proceedings. 633. Enforcement of affirmed or modified final order after appeal in special proceedings. 634. Practice on appeal to appellate division from order in special proceedings. ART. 42—EXECUTIONS GENERALLY General Provisions § 635. Execution is court process. 636. Officer or person to whom execution directed. 637. Time of receipt to be endorsed on execution. 638. Kinds of execution. 639. Enforcement upon death or disqualification of sheriff. Requisites of Executions § 640. Requisites of executions generally. 641. Requisites of executions issued after transcript filed. 642. Requisites of execution for collection of money. 643. Requisites of execution against property. 644. Requisites of execution for delivery of property. 645. Requisites of execution where warrant of attachment levied. 646. Execution against heir, representative, tenant or trustee. 647. Requisites of execution against the person. Issuance of Executions § 648. To what counties execution may issue. 649. Separate executions where separate sums awarded. 650. Execution of course within five years. 651. Execution after death of party. 652. Execution after five years. 653. Leave to issue execution after five years. 654. Execution against decedent. 655. Execution against decedent's property. 656. Execution against decedent's property; leave to issue. 657. Stay as affecting issuance of execution. 658. Execution against surviving judgment debtors. 659. Execution not to issue against the people. Sales Under Executions Generally § 660. Sale on execution; time. 661. Penalty for destroying notice of sale. 662. Failure to give notice of sale. 663. Purchase by sheriff at execution sale. ART. 43-EXECUTIONS AGAINST PROPERTY § 664. Certain special exemptions not affected. Exemptions of Personal Property § 665, Exempt personal property. 666. Woman's exemption as householder. 667. Exemptions to members in military or naval service. § 668. Exemption of right of action or damages for taking or injuring sonal property. 669. Exemptions of exhibits at exhibitions. Exemptions of Real Property § 670. Exemption of burying ground. 671. Exemption of homestead. 672. Designation of exempt homestead. 673. Designation of married woman's homestead. 674. Homestead exemption after owner's death. 675. Suspension of occupation as affecting homestead. 676. Exemption of homestead exceeding one thousand dollars in value. 677. Sale of homestead exceeding one thousand dollars in value. 678. Cancellation of exemption of real property. Lien Upon Personal Property § 679. Personal property bound by execution. 680. Order of preference among executions. 681. Order of preference when attachments also issued. Levy Upon and Sale of Personal Property § 684. Levy upon earnings or income of judgment debtor. 685. Accounting for moneys collected under execution against earning income. 686. Levy upon money and gold coin. 687. Levy upon certain evidences of debt. 688. Levy upon interest of bailor in goods pledged. 689. Discharge of levy after appeal. 690. Application by partners for release of property. 691. Undertaking on application by partners. 692. Levy on partner's interest where attachment discharged. 693. When undertaking by party enures to other judgment creditors. 694. Sale of partner's interest and disposition of surplus. 695. Exhibit of property levied upon, to creditor. 696. Claim of property by third person. 697. Proceeding when claimant succeeds. 698. Action to recover property or damages by claimant. 699. Substitution of indemnitors as defendants in action against office 700. Notice of application for substitution and proofs. 701. Terms on granting order substituting indemnitors. 702. Severance where indemnity related to part of property. 705. Notice by officer to whom indemnity given. Sale and Exemption of Real Property § 708. "Real property'' includes certain "leasehold property." 709. Levy upon real property held in trust. 710. Sale of equity of redemption in mortgaged property. 711. Direction endorsed on execution regarding mortgaged property. 712, Notice of sale of real property. 713. Description of property in notice of sale. 714. Penalty for irregularity in sale. 715. Manner of conducting sale. 716. Duplicate certificates of sale. 717. Delivery and recording of certificates of sale. 718. Vesting of title to real property sold. 719. Rights of holder of property during intermediate period. 720. Order to prevent waste during redemption period. 721. Proceedings upon violation of waste order. 722. Punishment for violation of waste order. 723. Discharge of prisoner upon giving undertaking. 724. Time and manner of redeeming real property. § 725. By whom redemption may be made. 727. Redemption by creditor. 728. Payment and satisfaction upon redemption by creditor. 731. Subsequent redemptions by other creditors. 733. Redemption in certain cases at sheriff's office. 734. Redemption by original purchaser when also a creditor. 735. Redemption by creditor under another judgment or mortgage. 736. Redemption by person entitled to redeem part. 737. Redemption by owners of undivided shares. 738. Redemption by creditors having liens on undivided shares. 739. Right to redeem not affected by agreement. 740. Persons to whom payment of money may be made upon redemption. 741. Certificate of satisfaction, and clerk's duties. 742. Evidence to be furnished by redeeming creditor. 743. Evidence to be furnished by redeeming mortgage creditor. 744. Evidence to be furnished by redeeming executor or administrator. 745. Sheriff's duties as to papers delivered to him. 746. Completion and effect of redemption. 747. Certificate of redemption, delivery and recording. 748. Conveyance by sheriff after fifteen months. 749. Parties entitled to receive conveyance. 750. Conveyance to executor or administrator and effect. 751. Acknowledgment and filing of assignment. 752. Under-sheriff or successor to act if sheriff dies. 753. Delivery of papers or payment after sale by under-sheriff or deputy. 754. Sales by persons specially appointed. 755. Appointment by court of person to execute deed. Remedies for Failure of Title to Real Property Sold § 756. Recovery of purchase money by evicted purchaser. § 758. Contributions between owners of real property. 759. Contributions when part owner redeems. 760. Order of contribution. 761. Enforcement of contribution by means of original judgment. ART. 44-EXECUTIONS AGAINST THE PERSON § 764. Issuance of execution against the person, generally. 765. Execution against the person of a woman. 766. Execution against property issued first in certain cases. 767. Simultaneous executions against person and property prohibited 768. Second execution prohibited when debtor in custody. 769. New execution after escape of debtor. 770. New execution against property when debtor dies in custody. 771. Discharge of debtor after thirty days and new execution there on. 772. New execution not to be enforced against certain real property. ART. 45-PROCEEDING SUPPLEMENTARY TO EXECUTION § 773. Remedies afforded by this article. 774. Nature of the remedies and review of orders. 775. In what cases judgment creditor may maintain proceeding. 776. Proceedings where judgment is against joint debtors. 777. Certain money or other property not affected. 778. Before whom proceeding instituted. 779. Order to examine debtor after return of execution. 780. Order to examine debtor before return of execution. 781. Warrant of arrest instead of order. 782. Warrant of arrest after order. 783. Vacating or reviewing warrant. § 784. Undertaking by debtor after arrest. 785. Order to examine third person. 786. Examination before judge or referee. 787. In what county attendance for examination may be compelled. 789. Oath of referee. 790. Proceedings upon examination and adjournments. 791. Privilege of party or witness upon examination. 792. Order permitting person indebted to pay debt to sheriff. 793. Order requiring delivery of money or property to sheriff or receiver. 794. Duty of sheriff to whom money or property delivered. 795. Application of money or property. 796. Order affecting money or property where proceeding discontinued or surplus remains. 797. Injunction restraining transfer or interference. 798. Mode of service of certain orders. 799. Service of warrant of arrest. 800. Punishment for disobedience of order. 801. Continuance of proceedings before another judge in certain cases. 802. Discontinuance or dismissal of proceedings. 803. Costs to judgment creditor. 804. Costs to judgment debtor. 805. Appointment of receiver. 806. Notice when other action or proceeding pending. 807. Extension of existing receivership. 808. Receiver must be resident of state. 809. Vesting of property in receiver. 810. Extension of receiver's title to personal property. 811. Regulations affecting control of receiver and his accounts. 812. Filing of receivership orders. 813. Duties of county clerk as to order. ART. 46-ARREST, INJUNCTION AND ATTACHMENT; GENERAL PROVISIONS § 814. Order or warrant to which this article applies. 815. Application for order or warrant without notice. 816. Proof on application or hearing. 817. By whom order or warrant may be granted. 818. At what time the order or warrant may be granted. 819. Security. 820. Liability of municipal corporation as surety, if security dispensed with. 821. Order or warrant to recite the grounds therefor. 822. New proof to sustain order or warrant, upon hearing of application to vacate; amending recitals. 823. Arrest, injunction and attachment, when not to be granted together. ART. 47-ARREST; WHEN ALLOWED § 826. Right to arrest depending upon the nature of the action. 829. Woman not to be arrested; exceptions. 830. Discharge of idiot, lunatic, or infant under fourteen, if arrested. 831. Arrest of person sued in a representative capacity. 832. New order of arrest when sick prisoner escapes. ART. 48—ARREST, GRANTING, EXECUTING AND VACATING THE ORDER § 833. Facts to be shown to obtain order of arrest. 834. Complaint or amended complaint as part of the moving papers. 835. Terms of undertaking. 836. Security upon order of arrest granted by the court. 837. Security dispensed within certain cases. 838. Optional directions in the order of arrest. 839. Copies of papers to be delivered to defendant; time or service. 840. Arrest; how made. 841. General provision as to privilege from arrest; discharge of privileged person. |