S T A T E   O F   N E W   Y O R K                   
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                                         4849                                  
                                                                               
                              1999-2000 Regular Sessions                       
                                                                               
                                   I N  S E N A T E                            
                                                                               
                                    April 20, 1999                             
                                      ___________                              
                                                                               
       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    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 S 4849          *END*                    BTXT                 1999     

Bill S04849
[ Bill Information ]