S T A T E O F N E W Y O R K
________________________________________________________________________
6220
2009-2010 Regular Sessions
I N A S S E M B L Y
February 26, 2009
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Introduced by M. of A. BARRA -- read once and referred to the Committee
on Judiciary
AN ACT to amend the uniform justice court act and chapter 879 of the
laws of 1936 providing an alternative form of government for certain
counties, in relation to authorizing the village courts of Nassau
county to grant preliminary injunctions and temporary restraining
orders in connection with certain violations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph 2 of subdivision (d) of section 2300 of the
uniform justice court act is amended to read as follows:
2. Village courts in district court areas. Notwithstanding SUBPARA-
GRAPH (II) OF PARAGRAPH ONE OF subdivision (b) [(1) (ii)] of this
section, a village court situated within a district of any district
court shall not have the civil jurisdiction conferred in article two of
this act, and its criminal jurisdiction shall be limited to that
provided for in the act creating, or regulating the administration of,
such district court; PROVIDED THAT, WITH RESPECT TO VILLAGE COURTS IN
THE COUNTY OF NASSAU, AN INJUNCTION OR RESTRAINING ORDER OR NOTICE MAY
ISSUE OUT OF OR BY SUCH COURT WHEN THE ACTIVITY COMPLAINED OF HAS AS ITS
BASIS A VIOLATION OF LOCAL LAW OR ORDINANCE RELATING TO LAND USE, BUILD-
ING REGULATION OR FIRE PREVENTION IN WHICH CASE, UPON THE MOTION OF THE
PROSECUTING ATTORNEY IN ACCORDANCE WITH ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES, SUCH COURT MAY ISSUE A PRELIMINARY INJUNCTION OR
A TEMPORARY RESTRAINING ORDER RESTRAINING SUCH ACTIVITY.
S 2. Section 2402 of chapter 879 of the laws of 1936 providing an
alternative form of government for certain counties is amended to read
as follows:
S 2402. Justices of the peace abolished; powers and jurisdiction of
police justices transferred. All the powers, duties and jurisdiction of
the justices of the peace in the several towns of the county are hereby
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07758-01-9
A. 6220 2
transferred to the district court of the county and the judges thereof,
and the office of justice of the peace in the several towns of the coun-
ty is abolished. All the powers, duties and jurisdiction of police
justices of villages in the county, except as hereinafter provided, are
hereby also transferred to the district court of the county and the
judges thereof. The police justices of villages in the county shall
have jurisdiction of violations of the ordinances and other regulations
of the village and of violations of the vehicle and traffic law commit-
ted within the limits of the village, except in cases in which the
charge is operating a motor vehicle or motor cycle while in an intoxi-
cated condition. AN INJUNCTION OR RESTRAINING ORDER OR NOTICE MAY ISSUE
OUT OF OR BY A VILLAGE COURT WHEN THE ACTIVITY COMPLAINED OF HAS AS ITS
BASIS A VIOLATION OF LOCAL LAW OR ORDINANCE RELATING TO LAND USE, BUILD-
ING REGULATION OR FIRE PREVENTION IN WHICH CASE, UPON THE MOTION OF THE
PROSECUTING ATTORNEY IN ACCORDANCE WITH ARTICLE SIXTY-THREE OF THE CIVIL
PRACTICE LAW AND RULES, SUCH COURT MAY ISSUE A PRELIMINARY INJUNCTION OR
A TEMPORARY RESTRAINING ORDER RESTRAINING SUCH ACTIVITY.
S 3. This act shall take effect on the first day of the first month
commencing at least 120 days after it shall have become a law.