N.Y. Civil Practice Law and Rules Law § 5704 : Civil Practice Law And Rules — Appeals To The Appellate Division — Review of ex parte orders Date: 22 Jul 2016 TEXT PDF Current through 2016 New York Laws, Chapters 1 to 237 (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. N.Y. C.P.L.R. Law § 5704