Review of Ex Parte Orders by the Appellate Division
Although an order denying or granting an ex parte motion is not appealable, a party may seek review by the appellate division under CPLR 5704 (a) even though the power to vacate is not invoked except in unusual circumstances.
November 05, 2021 at 12:15 PM
10 minute read
Ex parte motion practice has always played an important part in matrimonial actions where it is frequently necessary to seek emergency relief from the court such as a temporary restraining order or order of protection. Other relief such as a pre-commencement order directing service of process by an alternative method (CPLR 308(5)), or a pre-commencement order of sequestration (Domestic Relations Law §233) require ex parte submissions. Moreover, post-judgment enforcement and modification proceedings must usually be commenced by Order to Show Cause directing the method of service upon the defendant.
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