Section 7-710. Temporary restraining 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  restraining  order,
      such   temporary   restraining  order  may  be  granted  without  notice
      restraining the defendants and all  persons  from  removing  or  in  any
      manner  interfering  with  the  furniture, fixtures and movable property
      used in conducting, maintaining or permitting the  public  nuisance  and
      from  further conducting, maintaining or permitting the public nuisance,
      pending  order  of  the  court  granting  or  refusing  the  preliminary
      injunction  and  until  further  order  of  the  court.  Upon granting a
      temporary restraining 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 restraining order. Unless the court orders
      otherwise, a temporary restraining order and 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.