The appellate division may grant, modify or limit a preliminary injunction or temporary restraining order pending an appeal or determination of a motion for permission to appeal in any case specified in section 6301.
§ 5518.Preliminary injunction or temporary restraining order by appellate division.
Article 55. Appeals Generally · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 5518 gives the Appellate Division authority to grant, modify, or limit a preliminary injunction or temporary restraining order while an appeal or a motion for permission to appeal is pending.
Full Text of CPLR 5518
Plain-English Summary
An appeal can take months to resolve, and CPLR 5518 lets the Appellate Division keep matters from changing irreversibly in the meantime. It gives the court power to grant, modify, or limit a preliminary injunction or temporary restraining order in any case where CPLR 6301 would let the court of original instance grant that kind of relief, while an appeal or a motion for permission to appeal is pending.
The provision fills a gap that would otherwise exist between the trial court's power to preserve the status quo before judgment and the appellate process that follows: it lets the Appellate Division step in and adjust injunctive relief even after the case has moved up on appeal, rather than leaving the parties without a forum to address a change in circumstances.
Frequently Asked Questions
Can the Appellate Division issue an injunction while my appeal is pending?
Yes. CPLR 5518 lets the Appellate Division grant a preliminary injunction or temporary restraining order in any case where CPLR 6301 authorizes that relief, while an appeal or a motion for permission to appeal is pending.
Can the Appellate Division modify or dissolve a TRO issued by the trial court?
Yes. CPLR 5518 gives the Appellate Division authority to modify or limit, as well as grant, injunctive relief pending appeal or a motion for permission to appeal.
Does CPLR 5518 apply to any type of case, or only certain ones?
It applies to any case specified in CPLR 6301, the general provision governing preliminary injunctions and temporary restraining orders.
Do I need a pending appeal to ask the Appellate Division for injunctive relief under CPLR 5518?
You need either a pending appeal or a pending motion for permission to appeal; the section covers both stages.
Does CPLR 5518 replace the trial court's power to grant injunctive relief?
No. It supplements that power by letting the Appellate Division act while an appeal or permission motion is pending, rather than taking away the trial court's authority before judgment.
Advisory Committee Notes
This section grants the Appellate Division the power to preserve the status quo pending an appeal or motion for leave to appeal by granting, modifying or limiting a preliminary injunction or temporary restraining order in the types of cases where the court of original instance is authorized to grant such provisional remedies. The Appellate Division apparently had such power under the provisions of CPA § 880. Consideration should be given to extending this power to the Court of Appeals.
Amendment History
Add, L 1962, ch 308, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: injunction pending appeal New YorkAppellate Division TRO powerCPLR 5518 preliminary injunction on appeal