S T A T E   O F   N E W   Y O R K
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                                  4925

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee 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 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.
                                                           LBD08088-01-1
              

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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.