Research

Administrative History

Section 1326 of the New York State Code of Civil Procedure stipulated that in order to file a notice of appeal to the State Court of Appeals, "the appellant must give a written undertaking, to the effect, that he will pay all costs and damages, which may be awarded against him on the appeal, not exceeding five hundred dollars." Appellants would typically enter into a surety arrangement whereby a third party, often a surety company, would offer bond or guarantee payment of up to five hundred dollars in the event that the appellant was found liable for costs or damages and was unable to pay.