New York Preliminary Injunction.
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§ 7-707 Preliminary injunction. (a) Generally. Pending an action for a
permanent injunction as provided for in section 7-706 of this
subchapter, the court may grant a preliminary injunction enjoining a
public nuisance within the scope of this subchapter and the person or
persons conducting, maintaining or permitting the public nuisance from
further conducting, maintaining or permitting the public nuisance. An
order granting a preliminary injunction shall direct a trial of the
issues within three business days after joinder of issue or, if issue
has already been joined, within three business days after the entry of
the order. Where a preliminary injunction has been granted, the court
shall render a decision with respect to a permanent injunction within
three business days after the conclusion of the trial. A temporary
closing order may be granted pending a hearing for a preliminary
injunction where it appears 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 the granting of a temporary closing order. A
temporary restraining order may be granted pending a hearing for a
preliminary injunction where it appears by clear and convincing evidence
that a public nuisance within the scope of this subchapter is being
conducted, maintained or permitted.
(b) Enforcement of preliminary injunction. A preliminary injunction
shall be enforced by the city agency at whose request the underlying
action is being brought. In the event the underlying action is being
brought at the direction of the mayor, or at the request of several city
agencies or by the corporation counsel, on his or her own initiative, or
upon the request of a district attorney, or a member of the city
council, the order shall be enforced by the agency designated by the
mayor. The police department shall, upon the request of the agency
involved or upon the direction of the mayor, assist in the enforcement
of the preliminary injunction.
(c) Preliminary injunctions, inventory, closing of premises, posting
of orders and notices, offenses. If the court grants a preliminary
injunction, the provisions of section 7-711 of this subchapter shall be
applicable.