S T A T E   O F   N E W   Y O R K
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                                  7797

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              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:

  Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
practice law and rules is amended and a new paragraph 4 is added to read
as follows:
  3. from an order, where the motion it decided was  made  upon  notice,
refusing  to  vacate  or  modify a prior order, if the prior order would
have been appealable as of right under paragraph two had  it  decided  a
motion made upon notice; OR
  4. FROM AN ORDER DENYING IN WHOLE OR IN PART AN APPLICATION FOR WHICH,
BY ITS NATURE, THERE IS NOT AN ADVERSE PARTY.
  S  2.  Section  5704  of the civil practice law and rules, as added by
chapter 730 of the laws of 1963, subdivision (a) as amended  by  chapter
435 of the laws of 1972 and subdivision (b) as amended by chapter 577 of
the laws of 1966, is amended to read as follows:
  S  5704. Review of ex parte orders OR EX PARTE APPLICATIONS FOR PROVI-
SIONAL REMEDIES.  (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
OR A JUSTICE THEREOF 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 judi-
cial department or a justice thereof may  vacate  or  modify  any  order
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

thereof from which an appeal would lie to such appellate term; and  such
appellate  term  OR A JUSTICE THEREOF 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.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.