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Appellate Review of Ex Parte Orders Under CPLR 5704

Practice Area 5704 Review Header
  • Practice Area Appeals

Long Island Appeals Attorney for Ex Parte 5704 Review

CPLR §5704 authorizes appellate review of an ex parte order. It can used when you are denied a TRO, when a TRO  is granted ex parte, or if the trial court declines to sign an order to show cause. The 5704 review is an important procedural tool to address a number of challenges.

If you have an order to show cause which was not signed, or if a TRO request was denied, the answer may be a CPLR §5704 review.

At the Law Office of J. Douglas Barics, we have decades of experience in handling 5704 reviews, and are well equipped to provide prompt, efficient appellate representation.

Do you need representation in a CPLR 5704 review in the First or Second Department?

Contact us online or at (631) 864-2600.

What You Need to Know About Appellate Review Under CPLR 5704

What is a 5704 Review?

A review of an ex parte order under CPLR 5704 is a procedural means of appellate review. It authorizes the Appellate Division to review the denial or granting of an ex parte order. It is also used to have appellate review of a denial to sign an order to show cause.

Is a 5704 Review an Appeal?

A 5704 review is not an appeal. It is an entirely different method of appellate review for very specific circumstances.

How Long Does a 5704 Review Take?

A 5704 review usually takes 24 to 48 hours from start to finish.

What is the Procedure for a 5704 Review?

  1. Notice is given to the opposing side.
  2. An exact copy of the papers submitted to the trial court is made.
  3. An informational statement is filled out.
  4. The papers, informational statement, and proof of notice is filed in the appropriate appellate division.
  5. Oral argument is held.
  6. The Appellate Division issues an order granting or denying the application.

What are the Court Fees for a 5704 Review?

A 5704 review has no court costs.

Contact Our Appellate Counsel Today

At the Law Office of J. Douglas Barics, we have the skills and knowledge to handle any 5704 Review, no matter how challenging or complex. With over 20 years of appellate experience, we can bring to you the services of a large firm at a fraction of the cost. When you need a skilled appellate lawyer located in Suffolk County, call The Law Office of J. Douglas Barics.

For a free phone case consultation or to schedule an office meeting, call 631-864-2600.