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This entry was published on 2014-09-22
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SECTION 5704
Review of ex parte orders
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 57
§ 5704. Review of ex parte orders. (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.