New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A08317 Summary:

A08317 Actions:

A08317 Floor Votes:

A08317 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8317--A
                                                                Cal. No. 801
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 14, 2009
                                       ___________
 
        Introduced by M. of A. SCHIMMINGER -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Codes --
          passed  by  Assembly  and  delivered  to the Senate, recalled from the
          Senate, vote reconsidered, bill amended, ordered reprinted,  retaining

          its place on the order of third reading
 
        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 a
    16  justice  thereof  may  vacate or modify any order granted without formal
    17  notice pursuant to section twenty-two hundred eleven of this chapter  to
    18  the  adverse  party by any court or a judge thereof from which an appeal
    19  would lie to such appellate division; and the appellate  division  or  a

    20  justice  thereof  may  grant any order or provisional remedy applied for
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10088-02-0
        A. 8317--A                          2
 
     1  without notice to the adverse party and refused by any court or a  judge
     2  thereof from which an appeal would lie to such appellate division.
     3    (b) By appellate term. The appellate term in the first or second judi-
     4  cial  department  or  a  justice  thereof may vacate or modify any order
     5  granted without formal notice pursuant  to  section  twenty-two  hundred
     6  eleven  of  this  chapter  to  the adverse party by any court or a judge

     7  thereof from which an appeal would lie to such appellate term; and  such
     8  appellate  term  or a justice thereof may grant any order or provisional
     9  remedy applied for without notice to the adverse party  and  refused  by
    10  any  court  or  a  judge  thereof from which an appeal would lie to such
    11  appellate term.
    12    § 3. This act shall take effect on the first of January next  succeed-
    13  ing the date on which it shall have become a law.