N.Y. CPLR § 5704

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 5704 Review of ex parte orders § 5704. Review of ex parte orders. (a) By appellate division. Theappellate division or a justice thereof may vacate or modify any ordergranted without notice to the adverse party by any court or a judgethereof from which an appeal would lie to such appellate division; andthe appellate division may grant any order or provisional remedy appliedfor without notice to the adverse party and refused by any court or ajudge thereof from which an appeal would lie to such appellate division.(b) By appellate term. The appellate term in the first or secondjudicial department or a justice thereof may vacate or modify any ordergranted without notice to the adverse party by any court or a judgethereof from which an appeal would lie to such appellate term; and suchappellate term may grant any order or provisional remedy applied forwithout notice to the adverse party and refused by any court or a judgethereof from which an appeal would lie to such appellate term.