STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5804
 
                               2003-2004 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 3, 2003
                                       ___________
 
        Introduced by M. of A. THIELE -- read once and referred to the Committee
          on Codes
 
        AN  ACT  to  amend  the civil practice law and rules, in relation to the
          grounds for the issuance of a temporary restraining order in  a  civil
          forfeiture action for the proceeds of a crime
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 1333 of the civil practice law and rules, as  added
     2  by chapter 669 of the laws of 1984, is amended to read as follows:
     3    §  1333.  Grounds for preliminary injunction and temporary restraining
     4  order. A preliminary injunction may be granted in any action under  this
     5  article,  whether  for money damages or otherwise, where it appears that
     6  the defendant threatens or is about to do, or is doing or  procuring  or
     7  suffering  to  be  done, an act in violation of the claiming authority's
     8  rights respecting the subject of the  action,  and  thereby  tending  to
     9  render  a  resulting judgment ineffectual. A temporary restraining order
    10  may be granted pending a hearing for a preliminary injunction  where  it
    11  appears that immediate and irreparable injury, loss or damage [will] may
    12  result unless the defendant is restrained before the hearing can be had.
    13  A  preliminary injunction may be granted only upon notice to the defend-
    14  ant. Notice of the motion may be served with the summons or at any  time
    15  thereafter and prior to judgment.
    16    § 2. This act shall take effect immediately.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00482-01-3