2016 New York Laws
CVP - Civil Practice Law & Rules
Article 63 - (Civil Practice Law & Rules) INJUNCTION
6330 - Obscene prints and articles; jurisdiction.

  6330.  Obscene prints and articles; jurisdiction. The supreme court
  has jurisdiction to enjoin the sale or distribution  of  obscene  prints
  and articles, as hereinafter specified:
1. The district attorney of any county, the chief executive officer of
  any  city,  town  or  village or the corporation counsel, or if there be
  none, the chief legal officer of any city, town, or village, in which  a
  person,  firm or corporation publishes, sells or distributes or displays
  or is about to sell or distribute or display or has  in  his  possession
  with  intent  to  sell  or  display or distribute or is about to acquire
  possession  with  intent  to  sell,  display  or  distribute  any  book,
  magazine,  pamphlet,  comic  book, story paper, writing, paper, picture,
  motion picture, drawing, photograph, figure, image  or  any  written  or
  printed  matter  of  an  indecent  character,  which  is  obscene, lewd,
  lascivious, filthy, indecent or disgusting, or which contains an article
  or instrument of indecent or immoral use or purports to be for  indecent
  or  immoral  use  or purpose; or in any other respect defined in section
  235.00 of the penal law,  may  maintain  an  action  for  an  injunction
  against such person, firm or corporation in the supreme court to prevent
  the  sale or further sale or the distribution or further distribution or
  the acquisition, publication or possession within the state of any book,
  magazine, pamphlet, comic book, story paper,  writing,  paper,  picture,
  motion  picture,  drawing, photograph, figure or image or any written or
  printed matter of an indecent character, herein described  or  described
  in section 235.00 of the penal law.
2.  The  person,  firm  or  corporation sought to be enjoined shall be
  entitled to a trial of the issues within one day after joinder of  issue
  and  a  decision  shall  be rendered by the court within two days of the
  conclusion of the trial.
3. In the event that a  final  order  or  judgment  of  injunction  be
  entered  in  favor  of  such  officer  of  the city, town or village and
  against the person, firm or corporation  sought  to  be  enjoined,  such
  final  order of judgment shall contain a provision directing the person,
  firm or corporation to surrender to such peace officer, acting  pursuant
  to  his special duties, or police officer, as the court may direct or to
  the sheriff of the county in which the action was  brought  any  of  the
  matter  described  in  paragraph  one hereof and such officer or sheriff
  shall be directed to seize and destroy the same.
4. In any action brought as herein provided such officer of the  city,
  town or village shall not be required to file any undertaking before the
  issuance  of  an  injunction order provided for in paragraph two hereof,
  shall not be liable for costs  and  shall  not  be  liable  for  damages
  sustained  by  reason of the injunction order in cases where judgment is
  rendered in favor of the  person,  firm  or  corporation  sought  to  be
  enjoined.
5.  Every  person,  firm  or  corporation  who  sells, distributes, or
  acquires possession with intent to sell or distribute any of the  matter
  described  in  paragraph  one  hereof,  after  the service upon him of a
  summons and complaint in an  action  brought  by  such  officer  of  any
  county,  city,  town  or  village pursuant to this section is chargeable
  with knowledge of the contents thereof.
6. The court, in its adjudication, may (1) grant the relief sought (2)
  deny the relief sought or (3) enjoin the sale,  further  sale,  display,
  distribution,   further   distribution,   acquisition,  publication,  or
  possession of the material, to persons under the age of seventeen,  upon
  a finding that the material is of the kind described in paragraph a or b
  of subdivision one of section 235.21 of the penal law.