US Laws, Codes, Statutes & Cases

 
    §  7-710  Temporary  restraining 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  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.