STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4848
 
                               2003-2004 Regular Sessions
 
                    IN SENATE
 
                                     April 24, 2003
                                       ___________
 
        Introduced  by  Sen.  VOLKER  -- (at request of the Attorney General) --
          read twice and ordered printed, and when printed to  be  committed  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