STATE OF NEW YORK
________________________________________________________________________
6162
2011-2012 Regular Sessions
IN ASSEMBLY
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:
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.
LBD09399-01-1
A. 6162 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 § 2. This act shall take effect on the thirtieth day after it shall
13 have become a law.
