NY State Senate Bill 2015-S2156

Archive: Last Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to judiciary
Jan 21, 2015	referred to judiciary

2015-S2156 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Civil Practice Law and Rules
Laws Affected:: Amd §6313, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4034
2013-2014: S4423

2015-S2156 (ACTIVE) - Summary

Requires, upon granting a temporary restraining order, the court shall hold a hearing for a preliminary injunction within 10 days.

2015-S2156 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2156

TITLE OF BILL:

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

PURPOSE:

To require timely judicial action after the granting of a temporary
restraining order ("TRO") so that the TRO does not become a de facto
preliminary injunction due to the lack of judicial action.

SUMMARY OF PROVISIONS:

Section one of the bill amends section 6313(a) of the Civil Practice
Law and Rules regarding temporary restraining orders ("TROs"). This
bill would require the Court issuing a TRO to hold a hearing on the
preliminary injunction application within 10 days of granting the TRO.
If the hearing is not held within 10 days, the TRO is vacated and
another TRO cannot be granted. The hearing may not be adjourned unless
the party against whom the TRO has been issued consents to the
adjournment. If the hearing is held within 10 days, but the Court does
not make a determination on the preliminary injunction application at
the time of the hearing, the TRO will not be extended unless party
seeking the TRO posts a bond.

Section two of the bill provides that this act shall take effect on
the thirtieth day after it shall have become a law.

EXISTING LAW:

Currently, once a Court has issued a temporary restraining order, the
return date for the preliminary injunction hearing must be at the
earliest possible time.

JUSTIFICATION:

This bill is designed to clarify the current law and work within the
spirit of the law. The idea behind the temporary restraining orders is
that they are supposed to be used for a short period of time. By
requiring that judicial action take place within the 10 days, the
parties can be assured that the issue will be finally resolved in a
reasonable period of time. Additionally, by requiring the posting of
bonds should a side lose, both sides can be made whole at the
completion of the legal proceedings.

PRIOR LEGISLATIVE HISTORY:

2013-4: S.4423 - Referred to Judiciary
2011-2: S.4034 - Referred to Judiciary

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.

2015-S2156 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2156

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

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.
                                                           LBD00486-01-5

S. 2156                             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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Senate Bill S2156

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2015-S2156 (ACTIVE) - Details

2015-S2156 (ACTIVE) - Summary

2015-S2156 (ACTIVE) - Sponsor Memo

2015-S2156 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2156

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Sponsored By

Martin J. Golden

Archive: Last Bill Status - In Senate Committee Judiciary Committee

2015-S2156 (ACTIVE) - Details

2015-S2156 (ACTIVE) - Summary

2015-S2156 (ACTIVE) - Sponsor Memo

2015-S2156 (ACTIVE) - Bill Text download pdf

Comments