N.Y. Civil Practice Law & Rules § 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.