N.Y. Civil Practice Law & Rules Section 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.

Source: Section 5704 — Review of ex parte orders, https://www.­nysenate.­gov/legislation/laws/CVP/5704 (updated Sep. 22, 2014; accessed Jun. 9, 2025).

Green check means up to date. Up to date

Verified:
Jun. 9, 2025

Last modified:
Sep. 22, 2014

§ 5704. Review of ex parte orders's source at nysenate​.gov

Link Style