Senate Bill S4034

2011-2012 Legislative Session

Relates to temporary restraining orders

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2011-S4034 (ACTIVE) - Details

See Assembly Version of this Bill:
A6162
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd ยง6313, CPLR
Versions Introduced in Other Legislative Sessions:
2013-2014: S4423, A2213
2015-2016: S2156

2011-S4034 (ACTIVE) - Summary

Requires, upon granting a temporary restraining order, the court shall hold a hearing for a preliminary injunction within 10 days.

2011-S4034 (ACTIVE) - Sponsor Memo

2011-S4034 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4034

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             March 15, 2011
                               ___________

Introduced  by  Sen.  GOLDEN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Judiciary

AN ACT to amend the civil practice law and rules, in relation to  tempo-
  rary restraining orders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (a) of section 6313 of the civil  practice  law
and  rules, as amended by chapter 235 of the laws of 1982, is amended to
read as follows:
  (a) Generally.   If, on a motion for  a  preliminary  injunction,  the
plaintiff  shall  show  that  immediate  and irreparable injury, loss or
damages will result unless the defendant is restrained before a  hearing
can be had, a temporary restraining order may be granted without notice.
Upon  granting  a  temporary  restraining order, the court shall set the
hearing for the preliminary injunction at the  earliest  possible  time,
BUT  NOT MORE THAN TEN DAYS FROM THE ISSUANCE OF THE TEMPORARY RESTRAIN-
ING ORDER.  IN THE EVENT A HEARING ON THE PRELIMINARY INJUNCTION IS  NOT
HELD WITHIN TEN DAYS FROM THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER,
SUCH  TEMPORARY  RESTRAINING  ORDER  SHALL  BE AUTOMATICALLY VACATED AND
CEASE TO HAVE ANY FURTHER FORCE OR EFFECT. A HEARING  ON  A  PRELIMINARY
INJUNCTION  WHERE  A  TEMPORARY RESTRAINING ORDER HAS BEEN GRANTED SHALL
NOT BE ADJOURNED EXCEPT ON CONSENT OF THE PARTY OR PARTIES AGAINST  WHOM
THE  TEMPORARY  RESTRAINING  ORDER  WAS  ISSUED, OR UNLESS THE TEMPORARY
RESTRAINING ORDER IS VACATED. IN THE EVENT THAT SUCH TEMPORARY RESTRAIN-
ING ORDER IS VACATED BECAUSE A HEARING ON THE PRELIMINARY INJUNCTION WAS
NOT HELD WITHIN TEN DAYS OF ITS ISSUANCE, NO FURTHER TEMPORARY RESTRAIN-
ING ORDER MAY BE GRANTED.
  IN THE EVENT THAT THE COURT DOES NOT DETERMINE THE MOTION FOR PRELIMI-
NARY INJUNCTION ON THE RETURN DATE THE COURT SHALL NOT EXTEND THE TEMPO-
RARY RESTRAINING ORDER UNLESS THE PARTY SEEKING TO EXTEND THE  TEMPORARY
RESTRAINING  ORDER  SHALL  GIVE AN UNDERTAKING IN AN AMOUNT FIXED BY THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09399-01-1

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.