Bill Text: NY S02156 | 2015-2016 | General Assembly | Introduced

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO JUDICIARY [S02156 Detail]

Download: New_York-2015-S02156-Introduced.html

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                           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:
    1    Section 1. Subdivision (a) of section 6313 of the civil  practice  law
    2  and  rules, as amended by chapter 235 of the laws of 1982, is amended to
    3  read as follows:
    4    (a) Generally.   If, on a motion for  a  preliminary  injunction,  the
    5  plaintiff  shall  show  that  immediate  and irreparable injury, loss or
    6  damages will result unless the defendant is restrained before a  hearing
    7  can be had, a temporary restraining order may be granted without notice.
    8  Upon  granting  a  temporary  restraining order, the court shall set the
    9  hearing for the preliminary injunction at the  earliest  possible  time,
   10  BUT  NOT MORE THAN TEN DAYS FROM THE ISSUANCE OF THE TEMPORARY RESTRAIN-
   11  ING ORDER.  IN THE EVENT A HEARING ON THE PRELIMINARY INJUNCTION IS  NOT
   12  HELD WITHIN TEN DAYS FROM THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER,
   13  SUCH  TEMPORARY  RESTRAINING  ORDER  SHALL  BE AUTOMATICALLY VACATED AND
   14  CEASE TO HAVE ANY FURTHER FORCE OR EFFECT. A HEARING  ON  A  PRELIMINARY
   15  INJUNCTION  WHERE  A  TEMPORARY RESTRAINING ORDER HAS BEEN GRANTED SHALL
   16  NOT BE ADJOURNED EXCEPT ON CONSENT OF THE PARTY OR PARTIES AGAINST  WHOM
   17  THE  TEMPORARY  RESTRAINING  ORDER  WAS  ISSUED, OR UNLESS THE TEMPORARY
   18  RESTRAINING ORDER IS VACATED. IN THE EVENT THAT SUCH TEMPORARY RESTRAIN-
   19  ING ORDER IS VACATED BECAUSE A HEARING ON THE PRELIMINARY INJUNCTION WAS
   20  NOT HELD WITHIN TEN DAYS OF ITS ISSUANCE, NO FURTHER TEMPORARY RESTRAIN-
   21  ING ORDER MAY BE GRANTED.
   22    IN THE EVENT THAT THE COURT DOES NOT DETERMINE THE MOTION FOR PRELIMI-
   23  NARY INJUNCTION ON THE RETURN DATE THE COURT SHALL NOT EXTEND THE TEMPO-
   24  RARY RESTRAINING ORDER UNLESS THE PARTY SEEKING TO EXTEND THE  TEMPORARY
   25  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
    1  COURT THAT THE PARTY IF IT IS FINALLY DETERMINED THAT HE OR SHE WAS  NOT
    2  ENTITLED TO A TEMPORARY RESTRAINING ORDER, WILL PAY TO THE PARTY AGAINST
    3  WHOM  THE  TEMPORARY RESTRAINING ORDER WAS ISSUED, ALL DAMAGES AND COSTS
    4  WHICH  MAY BE SUSTAINED BY REASON OF THE TEMPORARY RESTRAINING ORDER. IN
    5  THE EVENT THAT SUCH TEMPORARY RESTRAINING ORDER IS NOT EXTENDED  BECAUSE
    6  AN UNDERTAKING WAS NOT GIVEN, NO FURTHER TEMPORARY RESTRAINING ORDER MAY
    7  BE  GRANTED.  No temporary restraining order may be granted in an action
    8  arising out of a labor dispute as defined in section eight hundred seven
    9  of the labor law, nor against  a  public  officer,  board  or  municipal
   10  corporation  of  the  state  to  restrain  the  performance of statutory
   11  duties.
   12    S 2. This act shall take effect on the thirtieth day  after  it  shall
   13  have become a law.