context: The order was entered in Suffolk County Supreme Court upon plaintiffs' application to Justice Robert A. Lifson on May 17, 2000, as part of an order to show cause for a preliminary injunction. The TRO apparently contained no provision specifying its date of expiration, although the rule under New York state law is that a temporary restraining order expires with the hearing on the application for a preliminary injunction, which is to be conducted "at the earliest possible time" after entry of the TRO.
citation_a.signal: see also
citation_a.identifier: 454 N.Y.S.2d 220, 222
citation_a.parenthetical: declining to find defendant in contempt for violating terms of a TRO granted two and a half years earlier because such a period "is clearly not within the 'earliest possible' time requirement of CPLR SS 6313(a
citation_a.sentence: CPLR § 6313; Stubbart v. Monroe County, 58 A.D.2d 25, 29, 395 N.Y.S.2d 307, 309-10 (4th Dep’t 1977), app. denied, 42 N.Y.2d 808, 398 N.Y.S.2d 1031, 368 N.E.2d 47 (1977) (noting that “by its very nature” a TRO expires upon issuance of a preliminary injunction); see also Honeywell, Inc. v. Technical Building Services, Inc., 103 A.D.2d 433, 435 n., 480 N.Y.S.2d 627, 629 n. (3d Dep’t 1984) (observing that “an undertaking is discretionary where a temporary restraining order is granted ... since such order should only last for a brief period of time”) (citing Siegel, New York Practice § 330 at 403); People v. Asiatic Petroleum Corp., 45 A.D.2d 835, 836, 357 N.Y.S.2d 542, 544 (1st Dep’t 1974) (holding that a TRO is vacated “upon the disposition of the motion for the preliminary injunction”); . Sommerset Group, Inc. v. Town of Lewiston, 115 Misc.2d 398, 400, 454 N.Y.S.2d 220, 222 (N.Y.Supp.1982) (declining to find defendant in contempt for violating terms of a TRO granted two and a half years earlier because such a period “is clearly not within the ‘earliest possible’ time requirement of CPLR § 6313(a)”). A hearing on the application for the preliminary injunction was scheduled before Justice Lifson for May 22, 2000, but that hearing never took place, because on the same day the action was removed to this Court.
citation_b.signal: no signal
citation_b.identifier: 395 N.Y.S.2d 307, 309-10
citation_b.parenthetical: noting that "by its very nature" a TRO expires upon issuance of a preliminary injunction
citation_b.sentence: CPLR § 6313; Stubbart v. Monroe County, 58 A.D.2d 25, 29, 395 N.Y.S.2d 307, 309-10 (4th Dep’t 1977), app. denied, 42 N.Y.2d 808, 398 N.Y.S.2d 1031, 368 N.E.2d 47 (1977) (noting that “by its very nature” a TRO expires upon issuance of a preliminary injunction); see also Honeywell, Inc. v. Technical Building Services, Inc., 103 A.D.2d 433, 435 n., 480 N.Y.S.2d 627, 629 n. (3d Dep’t 1984) (observing that “an undertaking is discretionary where a temporary restraining order is granted ... since such order should only last for a brief period of time”) (citing Siegel, New York Practice § 330 at 403); People v. Asiatic Petroleum Corp., 45 A.D.2d 835, 836, 357 N.Y.S.2d 542, 544 (1st Dep’t 1974) (holding that a TRO is vacated “upon the disposition of the motion for the preliminary injunction”); . Sommerset Group, Inc. v. Town of Lewiston, 115 Misc.2d 398, 400, 454 N.Y.S.2d 220, 222 (N.Y.Supp.1982) (declining to find defendant in contempt for violating terms of a TRO granted two and a half years earlier because such a period “is clearly not within the ‘earliest possible’ time requirement of CPLR § 6313(a)”). A hearing on the application for the preliminary injunction was scheduled before Justice Lifson for May 22, 2000, but that hearing never took place, because on the same day the action was removed to this Court.