Section 7-709. Temporary closing order  


Latest version.
  • (a) Generally. If, on a motion for a
      preliminary injunction pursuant to section 7-707 of this subchapter, the
      corporation counsel shall show by clear and convincing evidence  that  a
      public  nuisance within the scope of this subchapter is being conducted,
      maintained or permitted and that the public health,  safety  or  welfare
      immediately  requires  a  temporary  closing  order,  a  temporary order
      closing such part of the building, erection or place wherein the  public
      nuisance  is  being  conducted,  maintained  or permitted may be granted
      without notice, pending order of the  court  granting  or  refusing  the
      preliminary  injunction  and  until  further  order  of  the court. Upon
      granting a temporary closing order, the court shall direct  the  holding
      of  a  hearing  for  the preliminary injunction at the earliest possible
      time but in no event later than three business days from the granting of
      such order; a decision on the motion for a preliminary injunction  shall
      be rendered by the court within three business days after the conclusion
      of the hearing.
        (b)  Service  of  temporary  closing  order.  Unless  the court orders
      otherwise, a temporary closing order together with the papers upon which
      it was based and a notice of  hearing  for  the  preliminary  injunction
      shall  be personally served, in the same manner as a summons as provided
      in the civil practice law and rules.