Is there a stay of enforcement after filing Notice of Appeal?

[troubled11]

This is in New York State.

1. Can you tell me whether there is a stay of enforcement after filing Notice of Appeal?

I lost a fee dispute case in the NYS Surrogate Court. The court said "This is the decision and order of the Court. Settle Decree." I felt that I had a good chance to win because of inaccuracies in the attorney's time records, such as errors in adding up the hours, padding and billing for work he did not do. However, the court did not examine the time records, and merely said that "there is no question that the attorney spent a significant amount of time." It was a probate case and the court was applying the Freeman factors and "a claim based on quantum meruit" because there was no fee agreement. The court approved the fee which the attorney computed based on his time records. I filed Notice of Appeal but the attorney wrote to me saying that filing of an appeal does not stop collection efforts or prevent him from pursuing the fee which was awarded. Is that true or is there a stay of enforcement?

2. If the Appellate Division gives you a Docket Number, does it mean that they agree to consider the case?

Thank you soo much...

 

[troubled11]

lawyer can't touch your bond/money!!

from what I recall from other cases, I believe you have to file a motion for a stay in the appellate court when he turns the order into a judgment by filing it with the clerk, or presenting an oreder for a judgment amount to the court then filing with the clerk. You should check that because I cant confirm as legal advice unless I am your retained counsel. Godd luck.