Bill Text: NY A09760 | 2013-2014 | General Assembly | Introduced

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Bill Title: Relates to appellate review of an ex parte order or applications for provisional remedies.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2014-06-03 - reported referred to rules [A09760 Detail]

Download: New_York-2013-A09760-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9760
                                 I N  A S S E M B L Y
                                     May 20, 2014
                                      ___________
       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:
    1    Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
    2  practice law and rules is amended and a new paragraph 4 is added to read
    3  as follows:
    4    3. from an order, where the motion it decided was  made  upon  notice,
    5  refusing  to  vacate  or  modify a prior order, if the prior order would
    6  have been appealable as of right under paragraph two had  it  decided  a
    7  motion made upon notice[.]; OR
    8    4. FROM AN ORDER DENYING IN WHOLE OR IN PART AN APPLICATION FOR WHICH,
    9  BY ITS NATURE, THERE IS NOT AN ADVERSE PARTY.
   10    S  2.  Section  5704  of the civil practice law and rules, as added by
   11  chapter 730 of the laws of 1963, subdivision (a) as amended  by  chapter
   12  435 of the laws of 1972 and subdivision (b) as amended by chapter 577 of
   13  the laws of 1966, is amended to read as follows:
   14    S  5704. Review of ex parte orders OR EX PARTE APPLICATIONS FOR PROVI-
   15  SIONAL REMEDIES.  (a) By appellate division.  The appellate division  or
   16  a  justice thereof may vacate or modify any order granted without notice
   17  to the adverse party by any court or  a  judge  thereof  from  which  an
   18  appeal  would lie to such appellate division; and the appellate division
   19  OR A JUSTICE THEREOF may grant any order or provisional  remedy  applied
   20  for  without  notice  to the adverse party and refused by any court or a
   21  judge thereof from which an appeal would lie to such appellate division.
   22    (b) By appellate term. The appellate term in the first or second judi-
   23  cial department or a justice thereof may  vacate  or  modify  any  order
   24  granted  without  notice  to  the  adverse party by any court or a judge
   25  thereof from which an appeal would lie to such appellate term; and  such
   26  appellate  term  OR A JUSTICE THEREOF may grant any order or provisional
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14307-01-4
       A. 9760                             2
    1  remedy applied for without notice to the adverse party  and  refused  by
    2  any  court  or  a  judge  thereof from which an appeal would lie to such
    3  appellate term.
    4    S  3. This act shall take effect on the first of January next succeed-
    5  ing the date on which it shall have become a law.