Except when the judgment or order or final order was rendered or made upon his default, a party aggrieved may appeal to the County Court of the County of Albany or to the Appellate Division of the Supreme Court, third department, as hereinafter required, from:
A. 
A judgment in an action.
B. 
A final order in a summary proceeding.
C. 
An order granting or denying a new trial.
D. 
An order granting or denying a motion to open a default and to vacate a judgment entered thereon.
E. 
An order granting or denying a motion to open a default and to vacate a judgment entered thereon upon the ground that the judgment was rendered or the final order made without service of summons or process.
F. 
An order granting or denying a motion to discharge a defendant from arrest, or an order granting or denying a motion to vacate or modify a warrant of attachment or a requisition to replevy or a warrant of seizure.
G. 
Any other order, provided that leave to appeal be granted either by a Justice of the City Court of Albany or by a Judge of the Appellate Court, upon motion, returnable within eight (8) days after the making of said order.
H. 
All appeals taken pursuant to this section shall be to the County Court of the County of Albany, except that when the judgment recovered is in excess of one thousand dollars ($1,000.), exclusive of interest and costs, or when the order or final order appealed from was entered in an action involving an amount in excess of one thousand dollars ($1,000.), exclusive of interest and costs, the appeal shall be taken to the Appellate Division of the Supreme Court, third department, and the same shall be heard and determined in the same manner as though the judgment, order or final order appealed from had been granted by the County Court of Albany County, and the rules and provisions of law appertaining to appeals from judgments or orders from said County Court shall be applicable to such appeals after the filing of the return on appeal as hereinafter provided.
An appeal must be taken within thirty (30) days after the entry of the judgment, order or final order in the docket, except that where a defendant appeals from a judgment rendered in an action wherein he did not appear and the summons was not personally served upon him, the appeal may be taken within twenty (20) days after personal service upon him on the part of the plaintiff of written notice of the entry of the judgment. An appeal is taken by serving upon the Clerk of the Court, and upon the respondent, a written notice of appeal, subscribed either by the appellant or by his attorney in the Appellate Court, and paying at the same time the costs and disbursements of the action or proceeding to such Clerk who shall hold the same to abide the final determination of the action or proceeding and the further order of this Court. In addition to the sums to be paid by him as aforesaid, the appellant must, at the time of filing his notice of appeal, deposit with the Clerk the sum of ten dollars ($10.) to be applied on account of the fees for the stenographer's original transcript of minutes, and, in the event that the cost thereof exceeds said sum, the appellant, before return is made on such appeal, must pay the additional cost thereof, and, in the event that said deposit is in excess of the cost of said minutes, the Clerk shall refund the surplus to the appellant. The City of Albany or any board, department or official thereof appearing by the Corporation Counsel shall not be obliged to pay such costs and disbursements until the final determination of the action or proceeding. The service and filing of a notice of appeal by the City of Albany with the Clerk of the Court as aforesaid shall operate as a stay of execution. When the appeal is taken to the Appellate Division, unless the same shall have been previously filed, the appellant or his attorney, on or before the expiration of the time provided for the return on appeal, shall file in the office of the County Clerk of Albany County a transcript of the judgment or a certified copy of the order or the final order appealed from, and a notice of such filing shall be given to the Clerk of this Court and to the respondent or his attorney.
Service of the notice of appeal upon the respondent may be made, by delivering it in any part of the state, to the respondent personally, in one (1) of the following methods:
A. 
Where he has appeared by an attorney by serving the same upon such attorney; in case the respondent appears in person without an attorney, by leaving it at his residence with a person of suitable age and discretion.
B. 
If service within the City of Albany or any town adjoining thereto cannot be made, with due diligence, upon the respondent personally, or in the method prescribed in the foregoing subsection, the notice of appeal may be served upon him, by delivering it to the Clerk of the Court addressed to the respondent.
Where the appellant, reasonably and in good faith, serves the notice of appeal upon either the Clerk or the respondent or his attorney, but omits, through mistake, inadvertence or excusable neglect, to serve it upon the other, or to do any other act necessary to perfect the appeal, the Appellate Court, upon proof by affidavit of the facts, may, in its discretion, permit the omission to be supplied, or an amendment to be made, upon such terms as justice requires.
If the appellant desires a stay of execution, he must give a written undertaking to the effect that if the appeal is dismissed, or if judgment is rendered against the appellant in the Appellate Court, and an execution issued thereupon is returned wholly or partly unsatisfied, the sureties will pay the amount of the judgment, or the portion thereof remaining unsatisfied, not exceeding a sum specified in the undertaking, which must be at least one hundred dollars ($100.), and not less than twice the amount of the judgment, or if the judgment of the Court is for the recovery of a chattel, that the sureties will pay the sum fixed by the judgment as the value of the chattel, together with the damages, if any, awarded for the taking, withholding or detention thereof.
The delivery of the undertaking to the Clerk of the Court and service of a copy thereof, and of notice of filing thereof, stays the issuing of an execution upon the judgment. If the execution has been issued, the service of a copy of the undertaking, certified by the Clerk or accompanied with an affidavit, showing that it is a copy, and that the original has been duly filed, upon the officer holding the execution, stays further proceedings thereunder, subject to the provisions of the next preceding section.
The Clerk of the Court must, within thirty (30) days from the service of the notice of appeal and the payment of the cost and fees as prescribed in § 30-271, make and file a return with the County Clerk of Albany County, which shall consist of all process, pleadings and papers filed and the judgment, order or final order appealed from, together with the evidence, exhibits or copies thereof, and all proceedings had and taken, and the notice of the filing required by § 30-271. The exhibits or copies thereof shall be delivered to the Clerk of this Court by the parties who introduced the same in evidence or for identification upon the trial within twenty (20) days after the appeal is taken. The stenographer's minutes of the evidence must be furnished to the Clerk, by the stenographer, within twenty (20) days after demand therefor has been made. Such return must have indorsed thereon the allowance of the Justice before whom the action or proceeding was tried. The printed record on an appeal to the Appellate Division shall be certified by the Clerk of the County of Albany from the return herein directed to be filed with him by the Clerk of this Court. All motions to correct or perfect said return on appeal or the printed record thereof shall be heard by the Appellate Division.
Immediately upon receiving the minutes from the stenographer as provided in the next preceding section, the Clerk of the Court shall cause notice of that fact to be sent to the attorney for the appellant, or to the appellant if he has not appeared by attorney. The appellant or his attorney shall then procure the case to be settled on a written notice of at least three (3) days, served in the manner provided for the serving of a notice of appeal, and made returnable before the Justice who tried the case. Said Justice shall thereupon within five (5) days settle the case or exceptions upon it, if there by any, and indorse the return, as provided in the next preceding section. After a Justice is out of office he may settle the case or exceptions or make any return of proceedings had before him while he was in office, and may be compelled so to do by the Appellate Court. If the appellant or his attorney does not move for the settlement of the case as herein provided within ten (10) days after the Clerk has given notice of the receipt of the stenographer's minutes, then the respondent or his attorney may procure the settlement of said case in like manner as the appellant or his attorney could, as herein provided.
If the Justice dies, becomes a lunatic, absconds, removes from the state, or otherwise becomes unable to make the return, the Appellate Court may receive affidavits, or examine witnesses, as to the evidence and other proceedings taken, and the judgment rendered, before the Justice, and may determine the appeal, as if a return had been duly made by the Clerk.
When the adverse party has died since the making of the order, or the rendering of the judgment appealed from, or where the judgment appealed from was rendered after his death, in a case prescribed by law, an appeal may be taken, as if he was living; but it cannot be heard until the heir, devises, executor or administrator, as the case requires, has been substituted as the respondent or appellant. In such a case an undertaking required to perfect the appeal, or to stay the execution of the judgment or order appealed from, must recite the fact of the adverse party's death; and the undertaking inures, after substitution, to the benefit of the person substituted.
Where either party to an appeal dies before the appeal is heard, if an order substituting another person in his place is not made within three (3) months after his death, the Court in which the appeal is pending may, in its discretion, make an order requiring all persons interested in the decedent's estate to show cause before it why the judgment or order appealed from should not be reversed or affirmed or the appeal dismissed, as the case requires; the order must specify a day when cause is to be shown, which must not be less than six (6) months after making the order; and it must designate the mode of giving notice to the persons interested. Upon the return day of the order, or at a subsequent day, appointed by the Court if the proper person has not been substituted, the Court, upon proof by affidavit that notice has been given, as required by the order, may reverse or affirm the judgment or order appealed from, or dismiss the appeal, or make such further order in the premises as the case requires.
Where personal service of notice of application for an order has been made, within the City, or in any town adjoining thereto, upon the proper representative of the decedent, an order of substitution may be made, upon the application of the surviving party.
Where the judgment or final order is reversed or modified, the Appellate Court may make or compel restitution of property or of a right lost by means of the erroneous judgment or order, but not so as to affect the title of a purchaser, in good faith and for value, of property sold by virtue of a warrant of attachment in the action, or an execution issued upon the judgment. In that case, the Appellate Court may compel the value or the purchase price to be restored, or deposited to abide the event of the action, as justice requires. Six (6) days' notice of an application for an order for restitution must be given; and, if the application is granted before judgment, the proper direction may be included therein.
If, upon the appeal, a sum of money is awarded to one party and costs are awarded to the adverse party, the Appellate Court must set off the one against the other and render judgment for the balance.
Within twenty (20) days after the service of a notice of appeal on the respondent, he may serve upon the appellant or his attorney a written stipulation that the judgment appealed from may be reversed with five dollars ($5.) for costs and disbursements of the appeal, and thereafter no further steps shall be taken in such appeal, except to enter judgment in pursuance of such stipulation for the enforcement thereof; in case such stipulation shall not be served, the appeal may be brought to a hearing in the Appellate Court at any term thereof, at which such an appeal can be heard, held after the return is filed, upon a notice by either party, of not less than eight (8) days. If neither party brings it to a hearing before the end of the second term thereafter at which it might be noticed for hearing and heard, the Court must dismiss the appeal unless it directs the same to be continued for cause shown.
In a case specified in this Part 2, the appeal must be heard upon the original papers, or a certified copy thereof, and a copy or copies thereof need not be furnished for the use of the Court. The Appellate Court must render judgment according to the justice of the case, without regard to technical errors or defects which do not affect the merits. It may affirm, modify or reverse the judgment, order or final order of the City Court, in whole or in part, and as to any or all of the parties, and for errors of law or of fact, and where the judgment is contrary to or against the weight of evidence, the Appellate Court may, upon its reversal of a judgment or final order, direct a new trial as prescribed in this Part 2.
When a new trial is granted or ordered by the Appellate Division, the same shall be had before the City Court, and the return filed with the Clerk of the County of Albany shall be transmitted by him to the Clerk of the City Court.