US Laws, Codes, Statutes & Cases

 
    §  7-709 Temporary closing order. (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.