§ 6313. Temporary restraining order. (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. No temporary restraining order may be
granted in an action arising out of a labor dispute as defined in
section eight hundred seven of the labor law, nor against a public
officer, board or municipal corporation of the state to restrain the
performance of statutory duties.

(b) Service. Unless the court orders otherwise, a temporary
restraining 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.

(c) Undertaking. Prior to the granting of a temporary restraining
order the court may, in its discretion, require the plaintiff to give an
undertaking in an amount to be fixed by the court, containing terms
similar to those set forth in subdivision (b) of rule 6312, and subject
to the exception set forth therein.