N.Y. Civil Practice Law & Rules § 6311: Preliminary injunction

§ 6311. Preliminary injunction. 1. A preliminary injunction may be

granted only upon notice to the defendant. Notice of the motion may be

served with the summons or at any time thereafter and prior to judgment.

A preliminary injunction to restrain a public officer, board or

municipal corporation of the state from performing a statutory duty may

be granted only by the supreme court at a term in the department in

which the officer or board is located or in which the duty is required

to be performed.

2. Notice of motion for a preliminary injunction to restrain state

officers or boards of state officers under the provisions of this

section must be upon notice served upon the defendant or respondent,

state officers or board of state officers and must be served upon the

attorney general by delivery of such notice to an assistant attorney

general at an office of the attorney general in the county in which

venue of the action is designated or if there is no office of the

attorney general in such county, at the office of the attorney general

nearest such county.