N.Y. Civil Practice Law & Rules § 5704: Review of ex parte orders

§ 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.