Where compliance with the terms of a judgment or order during the pendency of an appeal threatens to change the status quo and render that appeal academic, the appellant may seek a stay of enforcement pursuant to CPLR 5519. Where ongoing acts not commanded or forbidden by the judgment or order would similarly tend to render the appeal academic, the appellant may move for an injunction pursuant to CPLR 5518. In either case, if the threat of change is imminent, the appellant may bring on a motion for a stay or injunction by an order to show cause containing a temporary restraining order (TRO) that would maintain the status quo during the pendency of the motion (CPLR 5518; see also Family Ct Act § 1114 [b]).
A party seeking a temporary restraining order must give reasonable notice to their adversaries of: (1) the date and time, and location where the order to show cause will be presented and (2) the relief being requested. The proposed order to show cause must be accompanied by a copy of the papers the party seeking relief intends to present to the Court for filing (22 NYCRR 1250.4 [b] [2]; 850.4 [b] [1]). Absent exigent circumstances, the custom is to provide such notice by telephone or email at least 24 hours in advance. In addition to the notice required by 22 NYCRR 1250.4 (b) (2), the party seeking relief is also required to provide advance notice to the Court of its intention to present the application or order to show cause (22 NYCRR 850.4 [b] [1]).