In the case of custody orders, when a judge wants to make sure that his orders are applied, his decision will also indicate "notwithstanding appeal" to prevent the department from appealing within the 10 days that follow. Therefore, I don't see why the same thing couldn't be done. The judge can say: "I order that..." and at the end of the ruling write "notwithstanding appeal" to make sure that during the 10-day period that follows—and an applicant might well pass away in that 10-dayperiod—an appeal cannot be made and that the ruling must be complied with once handed down. Courts often do this. When the courts do not want the decision to be appealed, they write "notwithstanding appeal" to prevent this. After that, the department must begin an entirely different procedure.
On December 11th, 2006. See this statement in context.