S4034-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Mar 15, 2011: REFERRED TO JUDICIARY

S4034-2011 Memo

BILL NUMBER:S4034

TITLE OF BILL:
An act
to amend the civil practice law and rules, in relation to temporary
restraining orders

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
require that a judge within 10 days of granting a Temporary
Restraining Order (TRO), have a hearing on that same order unless
both sides affected by the order agree not to have a hearing. If the
hearing is not held, the order would automatically be vacated and no
new TRO be would be granted. If after the ten days, the judge has not
issued a decision on the TRO, The party seeking order would be
required to post a bond.

JUSTIFICATION:
This bill was introduced to work jointly within the
spirit of the law, The idea behind the temporary restraining orders
is that they are to be used for a short period of time. By requiring
that judicial action take place within the 10 days, it would allow
either side to have a judicial record on which to appeal if either
side chooses. Also by requiring the posting of bonds should a side
lose, both sides will can be made whole at the completion of the
legal proceedings.

PRIOR LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
No direct impact to the state.

EFFECTIVE DATE:
This act shall take effect on the thirtieth day after
it shall have become a law.

S4034-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4034
 2011-2012 Regular Sessions
 I N  SENATE
 March 15, 2011
 
 Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

AN ACT to amend the civil practice law and rules, in relation to  tempo
 rary restraining orders
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision (a) of section 6313 of the civil  practice  law
 and  rules, as amended by chapter 235 of the laws of 1982, is amended to
 read as follows:

 (a) Generally.   If, on a motion for  a  preliminary  injunction,  the
 plaintiff  shall  show  that  immediate  and irreparable injury, loss or
 damages will result unless the defendant is restrained before a  hearing
 can be had, a temporary restraining order may be granted without notice.
 Upon  granting  a  temporary  restraining order, the court shall set the
 hearing for the preliminary injunction at the  earliest  possible  time,
 BUT  NOT MORE THAN TEN DAYS FROM THE ISSUANCE OF THE TEMPORARY RESTRAIN
 ING ORDER.  IN THE EVENT A HEARING ON THE PRELIMINARY INJUNCTION IS  NOT
 HELD WITHIN TEN DAYS FROM THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER,
 SUCH  TEMPORARY  RESTRAINING  ORDER  SHALL  BE AUTOMATICALLY VACATED AND
 CEASE TO HAVE ANY FURTHER FORCE OR EFFECT. A HEARING  ON  A  PRELIMINARY
 INJUNCTION  WHERE  A  TEMPORARY RESTRAINING ORDER HAS BEEN GRANTED SHALL
 NOT BE ADJOURNED EXCEPT ON CONSENT OF THE PARTY OR PARTIES AGAINST  WHOM
 THE  TEMPORARY  RESTRAINING  ORDER  WAS  ISSUED, OR UNLESS THE TEMPORARY
 RESTRAINING ORDER IS VACATED. IN THE EVENT THAT SUCH TEMPORARY RESTRAIN
 ING ORDER IS VACATED BECAUSE A HEARING ON THE PRELIMINARY INJUNCTION WAS
 NOT HELD WITHIN TEN DAYS OF ITS ISSUANCE, NO FURTHER TEMPORARY RESTRAIN
 ING ORDER MAY BE GRANTED.
 IN THE EVENT THAT THE COURT DOES NOT DETERMINE THE MOTION FOR PRELIMI
 NARY INJUNCTION ON THE RETURN DATE THE COURT SHALL NOT EXTEND THE TEMPO
 RARY RESTRAINING ORDER UNLESS THE PARTY SEEKING TO EXTEND THE  TEMPORARY
 RESTRAINING  ORDER  SHALL  GIVE AN UNDERTAKING IN AN AMOUNT FIXED BY THE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09399-01-1
 
       S. 4034                             2
 COURT THAT THE PARTY IF IT IS FINALLY DETERMINED THAT HE OR SHE WAS  NOT
 ENTITLED TO A TEMPORARY RESTRAINING ORDER, WILL PAY TO THE PARTY AGAINST
 WHOM  THE  TEMPORARY RESTRAINING ORDER WAS ISSUED, ALL DAMAGES AND COSTS
 WHICH  MAY BE SUSTAINED BY REASON OF THE TEMPORARY RESTRAINING ORDER. IN
 THE EVENT THAT SUCH TEMPORARY RESTRAINING ORDER IS NOT EXTENDED  BECAUSE
 AN UNDERTAKING WAS NOT GIVEN, NO FURTHER TEMPORARY RESTRAINING ORDER MAY
 BE  GRANTED.  No temporary restraining order may be granted in an action
 arising out of a labor dispute as defined in section eight hundred seven
 of the labor law, nor against  a  public  officer,  board  or  municipal
 corporation  of  the  state  to  restrain  the  performance of statutory
 duties.
 

S 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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