S T A T E O F N E W Y O R K
________________________________________________________________________
6494
1999-2000 Regular Sessions
I N A S S E M B L Y
March 2, 1999
___________
Introduced by M. of A. SEAMAN -- 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 S 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 S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD08771-01-9
.SO DOC A 6494 *END* BTXT 1999
Bill A06494
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