New York Small Claims Appeal Information
An appeal cannot be taken from anything other than an Order or a
Judgment made by a Judge. Judgments made by an Arbitrator or
Referee are not appealable. Where matters have been settled by mutual
agreement of the parties, or on default, no appeal is possible. You should consult an attorney regarding
other legal remedies you may have.
The appeal process may be costly. The Court Reporter is permitted to charge a
fee based on the length of the transcript which must be prepared. It is suggested that you contact the
Court Reporter to obtain an estimate of the cost of preparing a typewritten
transcript of the minutes of the trial. You may consider the information useful
in determining whether or not to appeal. You may also qualify for
Poor Person's Relief which would pay for the cost of the appeal. To find out
where to contact the Court Reporters in your county, click on Locations.
An appeal must be filed within 30 days from the service of the Judgment or Order appealed from. If a copy of the judgment or
order is not served, there are no time limitations on the filing of the appeal.
An appeal does not stay (stop) the execution of a judgment. To stay the
enforcement of a money judgment either an "Undertaking"
by bond or certified check or an Order from the Appellate Term of the Supreme
Court is required.
An appeal does not mean a new trial or the presenting of new evidence. Rather,
it is a review of the relevant portion(s) of the court file and the relevant
portion(s) of the transcript of the trial minutes by the judges of the Appellate
Term of the State Supreme Court.