STATE OF NEW YORK
________________________________________________________________________
7797
2011-2012 Regular Sessions
IN ASSEMBLY
May 17, 2011
___________
Introduced by M. of A. BRENNAN -- (at request of the Office of Court
Administration) -- read once and referred to the Committee on Codes
AN ACT to amend the civil practice law and rules, in relation to appel-
late review of an ex parte order or applications for provisional reme-
dies
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
2 practice law and rules is amended and a new paragraph 4 is added to read
3 as follows:
4 3. from an order, where the motion it decided was made upon notice,
5 refusing to vacate or modify a prior order, if the prior order would
6 have been appealable as of right under paragraph two had it decided a
7 motion made upon notice; or
8 4. from an order denying in whole or in part an application for which,
9 by its nature, there is not an adverse party.
10 § 2. Section 5704 of the civil practice law and rules, as added by
11 chapter 730 of the laws of 1963, subdivision (a) as amended by chapter
12 435 of the laws of 1972 and subdivision (b) as amended by chapter 577 of
13 the laws of 1966, is amended to read as follows:
14 § 5704. Review of ex parte orders or ex parte applications for provi-
15 sional remedies. (a) By appellate division. The appellate division or
16 a justice thereof may vacate or modify any order granted without notice
17 to the adverse party by any court or a judge thereof from which an
18 appeal would lie to such appellate division; and the appellate division
19 or a justice thereof may grant any order or provisional remedy applied
20 for without notice to the adverse party and refused by any court or a
21 judge thereof from which an appeal would lie to such appellate division.
22 (b) By appellate term. The appellate term in the first or second judi-
23 cial department or a justice thereof may vacate or modify any order
24 granted without notice to the adverse party by any court or a judge
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09322-01-1
A. 7797 2
1 thereof from which an appeal would lie to such appellate term; and such
2 appellate term or a justice thereof may grant any order or provisional
3 remedy applied for without notice to the adverse party and refused by
4 any court or a judge thereof from which an appeal would lie to such
5 appellate term.
6 § 3. This act shall take effect on the first of January next succeed-
7 ing the date on which it shall have become a law.
