CPLR 5704 Is A Powerful, But Poorly-Defined, Tool That Highlights Department Differences

Imagine that you bring a motion in New York Supreme Court, and you do so by order to show cause, but the judge refuses to sign the order to show cause, leaving the motion in limbo. The judge's refusal to sign is not appealable under New York law; there is no decision or order to appeal from. What options do you have? Ostensibly, CPLR Section 5704 ("Review of ex parte orders") provides an avenue for Appellate Division review of such a refusal to sign an order to show cause. Unfortunately, however, New York courts have yet to provide clear guidance on when such applications will or will not be granted. How CPLR Section 5704 applications are presently handled also highlights significant procedural differences between the Appellate Division Departments that linger despite the introduction of the uniform Practice Rules of the Appellate Division in 2018. The lower courts and litigants would be well served by the Departments adopting clear, uniform substantive and procedural