A non-appeal appeal

NY CPLR 5704 provides an often overlooked route to the appellate court when a trial court refuses to sign an application for an order to show cause, i.e., a request for relief without affording the opposition the normal time to respond.   But the situation must present a true emergency justifying dispensing with regular notice and motion.   The appellate might in theory agree with the applicant's position on the merits but still refuse to consider a motion directed to it under CPLR 5704 where the papers don't show the required emergency circumstances.