CPLR 5704 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 5703 Appeals to appellate division from appellate courts up ARTICLE 57 Appeals to the Appellate Division next SECTION 5711 Where appeal heard Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 5704 Review of ex parte orders Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 57 § 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.