Definition of "stay"

What is the name of your state? Ny

After a small claims Hearing ( heard by a Hearing Officer of the Court ), If a Party files a Trial De Novo it "stays the original award ". The Entire case will be returned to the Court Calendar to be heard by a City Court Judge.

I was Plaintiff . I was awarded an amount . I was not satisfied,so I filed the Trial De Novo.

On the 16th of March 2004 I received the letter of Trial Date .
I also receive a M/O of the original award.

First ,what does "stay" mean in this case ?

Second, Should I take the un-endorsed M/O to Court ( 2 wks.)
or return it to the other Party ?

I was thinking of sending the Defendant a letter stating A Trial De Novo was filed and I have not cashed the M/O as the case was "stayed", and I will be bring the un-endorsed M/O to trial unless you notify me to return it to you , and also state If you wish to settled for the original amount I seek restitution for please inform me before trial start so I can subbmitt it to the court for approval .

stay -- a judicial order forbidding some action until an event occurs or the order is lifted; "the Supreme Court has the power to stay an injunction pending an appeal to the whole Court"


TY Blonde ; I did send a Letter Out reminding them the case

I did send them notice that a Trial De Novo was filed before they purchased and sent me a Money Order, and before the time limit was up to file.

Therefor I was-not signing or cashing the Money Order ,and would bring it to court unless the notified me to return it.

If they wished to settle on the original amount I'm asking let me know before trial so I can present it to the Judge for approvale .

This is for the Public the might visit this site looking for the answer to my original Question :

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Sometimes silence is golden . Sometimes silence leads nowhere .

"First ,what does "stay" mean in this case?"
*** Your subsequent post giving a definition is close, but not exactly correct. Though most 'stays' are created by a court order, a 'stay' can be created by statute also. An example would be the 'automatic stay' put in place on the filing of a petition for bankruptcy.

"Second, Should I take the un-endorsed M/O to Court ( 2 wks.) or return it to the other Party ?"
*** Assuming that by M/O, you mean money order (and not Modus Operandi ), yes. Take the money order to the court with you and advise the judge that you have it.