Bill Text: NY A03120 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the uniform justice court act, in relation to authorizing justice courts to grant preliminary injunctions and temporary restraining orders in connection with local land use, building and fire regulations

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-06 - referred to judiciary [A03120 Detail]

Download: New_York-2009-A03120-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3120
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2009
                                      ___________
       Introduced by M. of A. THIELE -- read once and referred to the Committee
         on Judiciary
       AN  ACT to amend the uniform justice court act, in relation to authoriz-
         ing justice courts to  grant  preliminary  injunctions  and  temporary
         restraining  orders  in  connection  with local land use, building and
         fire regulations
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Section 209 of the uniform justice court act is amended to
    2  read as follows:
    3  S 209.  Provisional remedies.
    4    (A) A requisition to seize a chattel may issue out  of  the  court  if
    5  such  requisition  might  issue out of the supreme court in a like case.
    6  No other provisional remedy shall issue by or out of the court EXCEPT AS
    7  PROVIDED BY SUBDIVISION (B) OF THIS SECTION.
    8    (B) NO INJUNCTION OR RESTRAINING ORDER OR NOTICE SHALL ISSUE OUT OF OR
    9  BY THIS COURT UNLESS, THE ACTIVITY COMPLAINED OF  HAS  AS  ITS  BASIS  A
   10  VIOLATION  OF  LOCAL  LAW  OR  ORDINANCES RELATING TO LAND USE, BUILDING
   11  REGULATION, OR FIRE PREVENTION IN WHICH CASE, UPON  THE  MOTION  OF  THE
   12  PROSECUTING ATTORNEY IN ACCORDANCE WITH ARTICLE SIXTY-THREE OF THE CIVIL
   13  PRACTICE  LAW AND RULES, THE COURT MAY ISSUE A PRELIMINARY INJUNCTION OR
   14  TEMPORARY RESTRAINING ORDER RESTRAINING SUCH ACTIVITY.
   15    S 2. This act shall take effect on the first of the month occurring at
   16  least 90 days after it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03938-01-9