Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 04, 2012 |
referred to judiciary |
Mar 08, 2011 |
referred to judiciary |
Assembly Bill A6162
2011-2012 Legislative Session
Sponsored By
LOPEZ V
Archive: Last Bill Status - In Assembly 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
Actions
2011-A6162 (ACTIVE) - Details
2011-A6162 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6162 2011-2012 Regular Sessions I N A S S E M B L Y March 8, 2011 ___________ Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit- tee 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
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