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NY A08317

Bill

Status

Engrossed

6/2/2009

Primary Sponsor

Robin Schimminger

Click for details

Origin

Assembly

2009-2010 General Assembly

AI Summary

  • Adds a new category of appealable orders to CPLR § 5701(a): orders denying in whole or in part applications that by their nature have no adverse party.

  • Amends CPLR § 5704 to clarify that the Appellate Division and Appellate Term may review ex parte orders and applications for provisional remedies granted or refused without formal notice pursuant to CPLR § 2211.

  • Expands appellate authority to vacate, modify, or grant orders and provisional remedies in ex parte proceedings where no notice was provided to an adverse party.

  • Takes effect January 1 of the year following enactment.

Legislative Description

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

Last Action

amended on third reading (t) 8317a

6/29/2010

Committee Referrals

Codes4/26/2010
Codes1/19/2010
Codes6/2/2009
Codes5/14/2009

Full Bill Text

No bill text available