I’m a bit curious about this timing. Typically (and I assume it’s true in New York), a defendant has 30 days to file an appeal from date of judgment, and the winning party can’t execute on the judgment until the 31st day. Unless (there’s always an “unless) execution is stayed by court order, or the filing of an appeal bond.Why? Because under NY court rules, defendants typically must post an undertaking, or bond, in the amount of the judgment or even more, as New York courts typically require. And there’s zero indication anyone has done so yet. 2/
— Lisa Rubin (@lawofruby) February 26, 2024
This notice of appeal doesn’t stay execution of the judgment or stop the accumulation of interest (an appeal bond would not stop the latter, either). So why file it? There’s no appeal bond in evidence. Filing the appeal just costs more money. If the bond isn’t posted by March 24 (if the back of my envelope is correct), NY can start collection proceedings, including getting liens on real property. There’s also the monitors examining every action of the defendants. They can act on the direction of the court to turnover cash as demanded, or what liens currently exist on what buildings. Speeds the collection process no end.
Notice of appeal is a fairly simple action. Preparing and filing briefs is more complicated, and so more expensive. I’m just wondering how much more money Trump is going to throw on this bonfire.
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