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NY A08317
Bill
Status
6/2/2009
Primary Sponsor
Robin Schimminger
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AI Summary
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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.
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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.
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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.
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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