A11586 • 2025

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

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor: Latrice Walker
Last action: 2026-06-05
Official status: In Assembly Committee
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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

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 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.

What This Bill Does

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 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.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-06-05 Assembly
REFERRED TO JUDICIARY

Official Summary Text

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
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.

Current Bill Text

Read the full stored bill text

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:

     1    Section 1. Subdivision (c) of section 5519 of the civil  practice  law
     2  and rules is amended to read as follows:
     3    (c)  Stay  and limitation of stay by court order. The court from or to
     4  which an appeal is taken or the court of original instance may stay  all
     5  proceedings  to  enforce  the judgment or order appealed from pending an
     6  appeal or determination on a motion for permission to appeal in  a  case
     7  not  provided  for  in  subdivision  (a)  or  [subdivision]  (b) OF THIS
     8  SECTION, or may grant a limited stay or may vacate, limit or modify  any
     9  stay imposed by subdivision (a) OF THIS SECTION, subdivision (b) OF THIS
    10  SECTION  or  this  subdivision,  except  that only the court to which an
    11  appeal is taken may vacate, limit or modify a stay imposed by  paragraph
    12  one  of  subdivision  (a)  OF  THIS SECTION.   NOTWITHSTANDING ANY OTHER
    13  PROVISION OF LAW, IN ANY ACTION INVOLVING A JUDGMENT OF FORECLOSURE  AND
    14  SALE,  THE  ENFORCEMENT  OF  THE  JUDGMENT SHALL BE AUTOMATICALLY STAYED
    15  WHERE A NOTICE OF APPEAL HAS BEEN  FILED  BY  THE  DEFENDANT  UNTIL  THE
    16  APPEAL  IS  DECIDED OR DISMISSED, UNLESS EXPRESSLY WAIVED BY THE DEFEND-
    17  ANT.
    18    § 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