Statute · New York Civil Practice Law & Rules

N.Y. C.P.L.R. 5704 — Review of ex parte orders

N.Y. C.P.L.R. 5704

Type
Statute
Source
New York Civil Practice Law & Rules
Jurisdiction
New York
Current through
Nov 5, 2026 (NY Senate Open Legislation)

§ 5704. Review of ex parte orders. (a) By appellate division. The appellate division or a justice thereof may vacate or modify any order granted without notice to the adverse party by any court or a judge thereof from which an appeal would lie to such appellate division; and the appellate…

Citator

N.Y. C.P.L.R. 5704 — Review of ex parte orders is in force in the current edition of the Code, and nothing recorded condemns it.

§ 5704. Review of ex parte orders. (a) By appellate division. The appellate division or a justice thereof may vacate or modify any order granted without notice to the adverse party by any court or a judge thereof from which an appeal would lie to such appellate division; and the appellate division may grant any order or provisional remedy applied for without notice to the adverse party and refused by any court or a judge thereof from which an appeal would lie to such appellate division.

(b) By appellate term. The appellate term in the first or second judicial department or a justice thereof may vacate or modify any order granted without notice to the adverse party by any court or a judge thereof from which an appeal would lie to such appellate term; and such appellate term may grant any order or provisional remedy applied for without notice to the adverse party and refused by any court or a judge thereof from which an appeal would lie to such appellate term.