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Assembly Bill A11586

2025-2026 Legislative Session

Mandates a stay of foreclosure sales in all actions where a defendant has filed and perfected an appeal from a judgment of foreclosure and sale

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Current Bill Status - In Assembly Committee

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2025-A11586 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd §5519, CPLR

2025-A11586 (ACTIVE) - Summary

Mandates a stay of foreclosure sales in all actions where a defendant has filed and perfected an appeal from a judgment of foreclosure and sale until the appeal is decided or dismissed, unless expressly waived by the defendant.

2025-A11586 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11586
 
                           I N  A S S E M B L Y
 
                               June 5, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Walker) --
   read once and referred to the Committee on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to mandat-
   ing a stay of foreclosure sales in all actions where a  defendant  has
   filed and perfected an appeal from a judgment of foreclosure and sale

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision (c) of section 5519 of the civil  practice  law
 and rules is amended to read as follows:
   (c)  Stay  and limitation of stay by court order. The court from or to
 which an appeal is taken or the court of original instance may stay  all
 proceedings  to  enforce  the judgment or order appealed from pending an
 appeal or determination on a motion for permission to appeal in  a  case
 not  provided  for  in  subdivision  (a)  or  [subdivision]  (b) OF THIS
 SECTION, or may grant a limited stay or may vacate, limit or modify  any
 stay imposed by subdivision (a) OF THIS SECTION, subdivision (b) OF THIS
 SECTION  or  this  subdivision,  except  that only the court to which an
 appeal is taken may vacate, limit or modify a stay imposed by  paragraph
 one  of  subdivision  (a)  OF  THIS SECTION.   NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW, IN ANY ACTION INVOLVING A JUDGMENT OF FORECLOSURE  AND
 SALE,  THE  ENFORCEMENT  OF  THE  JUDGMENT SHALL BE AUTOMATICALLY STAYED
 WHERE A NOTICE OF APPEAL HAS BEEN  FILED  BY  THE  DEFENDANT  UNTIL  THE
 APPEAL  IS  DECIDED OR DISMISSED, UNLESS EXPRESSLY WAIVED BY THE DEFEND-
 ANT.
   § 2.  This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16041-01-6

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