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New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5704. Review of ex parte orders

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(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.

Cite this article: FindLaw.com - New York Consolidated Laws, Civil Practice Law and Rules - CVP § 5704. Review of ex parte orders - last updated January 01, 2021 | https://codes.findlaw.com/ny/civil-practice-law-and-rules/cvp-sect-5704/


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