Who is saying he can’t appeal without having the 400 mil in escrow—is it Ergodon or the appeals court?
“Who is saying he can’t appeal without having the 400 mil in escrow—is it Ergodon or the appeals court?”
Neither. The requirement of a bond was established many years ago by the state legislature.
To be more precise, Trump is allowed to appeal without posting any bond. His problem is that there is no automatic stay pending appeal. A money judgment states that the defendant (the judgment debtor) must pay a certain sum to the plaintiff (the judgment creditor). If the debtor doesn’t pay, the creditor can collect on the judgment by going after the debtor’s assets. The creditor can do this even if there’s an appeal pending. This is not Engoron’s decision or a get-Trump rule. It’s been the law since before Trump came down the escalator and, I would guess, since before Trump was even born. (Your state probably has the same rule.)
Trump needs to avoid having his bank accounts attached and business dismembered by enforcement of the judgment. Therefore, he needs a stay of enforcement proceedings pending the appeal. That’s where the bond comes in. The full New York statute is here — https://newyork.public.law/laws/n.y._civil_practice_law_and_rules_section_5519 – but under the relevant portion, CPLR 5519(a)(2), Trump has to post the bond to get a stay pending appeal.
That doesn’t mean he has to put up the cash. He can get a bond from an authorized surety company, of which there are many. (Surety One, Inc. at https://suretyone.com/new-york-appeal-bond-supersedeas-bond won the SEO race to be my first hit, but there are others.) Trump would have to cut a deal with the surety company, probably agreeing not to sell or mortgage certain properties, so that the company would be assured of getting its money back if it has to pay the judgment after an unsuccessful appeal.