2013 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 57 - (5701 - 5713) APPEALS TO THE APPELLATE DIVISION
5704 - Review of ex parte orders.

 
    §  5704.  Review  of  ex parte orders. (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.