The New York State Senate

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

                                  7552

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              May 18, 2015
                               ___________

Introduced  by  M. of A. BRENNAN, WEINSTEIN -- (at request of the Office
  of Court Administration) -- read once and referred 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.
                                                           LBD10494-01-5

A. 7552                             2

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 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.