(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.
§ 5704.Review of ex parte orders.
Article 57. Appeals to the Appellate Division · Last amended 1972 · Last verified July 21, 2026
In one sentenceCPLR 5704 lets the Appellate Division and, in the first and second departments, the Appellate Term, vacate or modify an ex parte order made by a lower court, and grant a provisional remedy or order that a lower court refused without notice to the other side.
Full Text of CPLR 5704
(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.
Plain-English Summary
An ex parte order is one a court grants without notice to the other side, often because the situation calls for speed. CPLR 5704 gives the Appellate Division, and in the first and second judicial departments the Appellate Term, power to revisit those orders quickly, without waiting for a full appeal.
Under subdivision (a), the Appellate Division or one of its justices can vacate or modify any ex parte order issued by a court or judge from whom an appeal would run to that Appellate Division. It can also go the other way: if a lower court refused to grant an order or a provisional remedy sought without notice, the Appellate Division can grant it instead.
Subdivision (b) gives the same two-way power to the Appellate Term in the first and second departments, over orders from courts and judges whose appeals would run to that Appellate Term.
The result is a fast check on ex parte relief, available directly to the appellate court rather than through the ordinary appeal process, so a party hurt by an ex parte order, or denied one, isn't stuck waiting for a plenary appeal.
Frequently Asked Questions
Can you challenge an ex parte order in New York without filing a full appeal?
Yes. CPLR 5704 lets the Appellate Division, or in the first and second departments the Appellate Term, vacate or modify an ex parte order directly.
What is an ex parte order?
An order a court grants without notice to the other side.
Can the Appellate Division grant an order that a lower court refused?
Yes. If the lower court refused to grant an order or provisional remedy applied for without notice, the Appellate Division can grant it under CPLR 5704(a).
Does the Appellate Term have the same power as the Appellate Division under CPLR 5704?
Yes, but only in the first and second judicial departments, over orders from courts whose appeals would go to that Appellate Term.
How fast can you get an ex parte order reviewed under CPLR 5704?
The section doesn't set a fixed timetable, but it lets a party go directly to the Appellate Division or Appellate Term rather than pursuing an ordinary appeal, which is generally quicker.
Amendment History
Add, L 1963, ch 730, eff Sept 1, 1963; amd, L 1966, ch 577, eff Sept 1, 1966; L 1972, ch 435, eff Sept 1, 1972.
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: review ex parte order New Yorkvacate ex parte order appellate divisionchallenge order granted without noticeappellate term ex parte review