Bill Text: NY S05738 | 2017-2018 | 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 (Republican 1-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO JUDICIARY [S05738 Detail]

Download: New_York-2017-S05738-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5738
                               2017-2018 Regular Sessions
                    IN SENATE
                                     April 27, 2017
                                       ___________
        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:
     1    Section 1. Paragraph 3 of subdivision (a) of section 5701 of the civil
     2  practice  law  and  rules  is amended and two new paragraphs 4 and 5 are
     3  added to read 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; or
    10    5.  from  an  order  or rulings, except for trial rulings, made on the
    11  court's own initiative, with or  without  notice;  on  such  appeal,  if
    12  necessary  for  appellate  review,  the  appellate  division may request
    13  enlargement of the record or grant a motion for such relief.
    14    § 2. Section 5704 of the civil practice law and  rules,  as  added  by
    15  chapter  730  of the laws of 1963, subdivision (a) as amended by chapter
    16  435 of the laws of 1972, and subdivision (b) as amended by  chapter  577
    17  of the laws of 1966, is amended to read as follows:
    18    §  5704. Review of ex parte orders or ex parte applications for provi-
    19  sional remedies.  (a) By appellate division.  The appellate division  or
    20  a  justice thereof may vacate or modify any order granted without notice
    21  to the adverse party by any court or  a  judge  thereof  from  which  an
    22  appeal  would lie to such appellate division; and the appellate division
    23  or a justice thereof may grant any order or provisional  remedy  applied
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06567-02-7
        S. 5738                             2
     1  for  without  notice  to the adverse party and refused by any court or a
     2  judge thereof from which an appeal would lie to such appellate division.
     3    (b) By appellate term. The appellate term in the first or second judi-
     4  cial  department  or  a  justice  thereof may vacate or modify any order
     5  granted without notice to the adverse party by  any  court  or  a  judge
     6  thereof  from which an appeal would lie to such appellate term; and such
     7  appellate term or a justice thereof may grant any order  or  provisional
     8  remedy  applied  for  without notice to the adverse party and refused by
     9  any court or a judge thereof from which an  appeal  would  lie  to  such
    10  appellate term.
    11    §  3. This act shall take effect on the first of January next succeed-
    12  ing the date on which it shall have become a law.