Mates –

Following up on the below, this is not an appeal as of right. So, I’m looking for a motion (or, ideally an Order to Show Cause) for leave to appeal that would be filed in the App Div.

Thanks again!

Best,

JMC

From: Jonathan Cader
Sent: Monday, April 6, 2026 2:15 PM
To: ILaw Listserv <ilaw@ilawinc.com>
Subject: Question re: appeal to first department

Good afternoon LMates –

I need to take an appeal to the 1^st Dept from an Order granting a TRO.

Brief summary for context, we obtained a TRO from the commercial division after a hearing and the defendant filed an OSC for a TRO that got assigned to another (non-commercial division) judge who granted a TRO without opposition or opportunity to be heard. The Defendant’s TRO operated to nullify ours and, upon further hearing to the initial judge, was basically upheld. I know the process to file the appeal, but, will likely need to get immediate relief from the App Div nullifying the Order that merged the decisions together and basically left the parties in limbo.

If anyone has any similar experience, I’d very much appreciate your thoughts on the protocol as to how to go about this (e.g., notice to be given, papers to be filed, etc.).

TIA,

Jonathan

_____________________

Jonathan M. Cader, Esq.

333 Earle Ovington Boulevard | Suite 402

Uniondale, NY 11553

Office: 516. 203.7600 | Fax 516.282.7878| Direct: 516.203.7643

email: jcader@sanderslaw.group