On the motion of any party or on its own initiative, the court may stay further proceedings, or the enforcement of any determination under review, upon terms including notice, security and payment of costs, except that the enforcement of an order or judgment granted by the appellate division in a proceeding under this article may be stayed only by order of the appellate division or the court of appeals. Unless otherwise ordered, security given on a stay is effective in favor of a person subsequently joined as a party under section 7802.
§ 7805.Stay.
Article 78. Proceeding Against Body or Officer · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 7805 lets the court stay further proceedings or enforcement of the challenged determination in an Article 78 case on terms it sets, reserves stays of Appellate Division orders to the Appellate Division or Court of Appeals, and extends stay security to later-joined parties.
Full Text of CPLR 7805
Plain-English Summary
An Article 78 petitioner often needs the challenged action put on hold while the case is decided, otherwise a win in court might come too late to matter. CPLR 7805 gives the court that power on the motion of any party or on its own initiative: it may stay further proceedings, or stay enforcement of the determination under review, on terms that can include notice, security, and payment of costs.
There's one important limit on where that stay power sits once a case reaches the Appellate Division: enforcement of an order or judgment the Appellate Division has granted in an Article 78 proceeding can be stayed only by the Appellate Division itself or by the Court of Appeals, not by the court where the proceeding started. The section closes with a practical detail about security: unless the court orders otherwise, security given to support a stay remains effective in favor of anyone later joined as a party under CPLR 7802.
Frequently Asked Questions
Can a court stay enforcement of the agency decision being challenged in an Article 78 case?
Yes. On motion of any party or on its own initiative, the court may stay further proceedings or enforcement of the determination under review, on terms including notice, security, and costs.
Who can stay an Appellate Division order in an Article 78 proceeding?
Only the Appellate Division itself or the Court of Appeals can stay enforcement of an order or judgment the Appellate Division granted in the proceeding.
Does a stay's security cover a party added to the case later?
Yes, unless the court orders otherwise, security given on a stay remains effective in favor of a person later joined as a party under CPLR 7802.
Can the court grant a stay in an Article 78 case without either side asking for one?
Yes. CPLR 7805 lets the court act on the motion of any party or on its own initiative, so the court can impose a stay even without a formal request.
What terms can a court attach to a stay under CPLR 7805?
The court can condition the stay on notice to other parties, the posting of security, and payment of costs, tailoring the stay to the circumstances of the case.
Why can't the trial court stay an Appellate Division order in an Article 78 case?
Once the Appellate Division has granted an order or judgment in the proceeding, only that court or the Court of Appeals has authority to stay its enforcement, keeping that decision under the control of the higher courts.
Does an Article 78 petition automatically stop the agency from acting while the case is pending?
No. Filing the petition doesn't itself stay anything; a party has to move for a stay, or the court has to act on its own initiative, before enforcement of the challenged determination is put on hold.
Advisory Committee Notes
This section is derived from CPA § 1299.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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