Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary returned to senate died in assembly |
Jun 17, 2011 |
referred to codes delivered to assembly passed senate |
May 09, 2011 |
advanced to third reading |
May 04, 2011 |
2nd report cal. |
May 03, 2011 |
1st report cal.446 |
Apr 13, 2011 |
referred to judiciary |
Senate Bill S4588
2011-2012 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Judiciary Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(D, WF) 21st Senate District
2011-S4588 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7797
- Current Committee:
- Senate Judiciary
- Law Section:
- Civil Practice Law and Rules
- Laws Affected:
- Amd §§5701 & 5704, CPLR
2011-S4588 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4588 TITLE OF BILL: An act to amend the civil practice law and rules, in relation to appellate review of an ex parte order or applications for provisional remedies This is one in a series of measures being introduced at the request of the Chief Administrative Judge upon the recommendation of her Advisory Committee on Civil Practice. We recommend two changes respecting appellate procedure relating to the interplay between CPLR §§5701 and 5704. CPLR §5701 generally provides for appeals to the Appellate Division from orders of the Supreme and County Courts. However, there are two species of applications that have presented problems: those in which by the nature of the application there is no adverse party and those relating to provisional remedies in which there is an urgent need for appellate review. Section one of this measure would add a new paragraph four to CPLR §5701(a) to provide for the availability of an appeal in circumstances in which, due to the nature of the application, there is no adverse party. The problem arises as a result of existing sections 5701(a) (2) and (3), which require that the appealable order shall have been "made upon notice," There are certain applications,
2011-S4588 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4588 2011-2012 Regular Sessions I N S E N A T E April 13, 2011 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09322-01-1
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