N.Y. C.P.L.R. § 6330

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 6330 Obscene prints and articles; jurisdiction § 6330. Obscene prints and articles; jurisdiction. The supreme courthas jurisdiction to enjoin the sale or distribution of obscene printsand articles, as hereinafter specified:1. The district attorney of any county, the chief executive officer ofany city, town or village or the corporation counsel, or if there benone, the chief legal officer of any city, town, or village, in which aperson, firm or corporation publishes, sells or distributes or displaysor is about to sell or distribute or display or has in his possessionwith intent to sell or display or distribute or is about to acquirepossession 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 orprinted matter of an indecent character, which is obscene, lewd,lascivious, filthy, indecent or disgusting, or which contains an articleor instrument of indecent or immoral use or purports to be for indecentor immoral use or purpose; or in any other respect defined in section235.00 of the penal law, may maintain an action for an injunctionagainst such person, firm or corporation in the supreme court to preventthe sale or further sale or the distribution or further distribution orthe 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 orprinted matter of an indecent character, herein described or describedin section 235.00 of the penal law.2. The person, firm or corporation sought to be enjoined shall beentitled to a trial of the issues within one day after joinder of issueand a decision sha cribedin section 235.00 of the penal law.2. The person, firm or corporation sought to be enjoined shall beentitled to a trial of the issues within one day after joinder of issueand a decision shall be rendered by the court within two days of theconclusion of the trial.3. In the event that a final order or judgment of injunction beentered in favor of such officer of the city, town or village andagainst the person, firm or corporation sought to be enjoined, suchfinal order of judgment shall contain a provision directing the person,firm or corporation to surrender to such peace officer, acting pursuantto his special duties, or police officer, as the court may direct or tothe sheriff of the county in which the action was brought any of thematter described in paragraph one hereof and such officer or sheriffshall 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 theissuance of an injunction order provided for in paragraph two hereof,shall not be liable for costs and shall not be liable for damagessustained by reason of the injunction order in cases where judgment isrendered in favor of the person, firm or corporation sought to beenjoined.5. Every person, firm or corporation who sells, distributes, oracquires possession with intent to sell or distribute any of the matterdescribed in paragraph one hereof, after the service upon him of asummons and complaint in an action brought by such officer of anycounty, city, town or village pursuant to this section is chargeablewith 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, orpossession of the material, to persons under the a (2)deny the relief sought or (3) enjoin the sale, further sale, display,distribution, further distribution, acquisition, publication, orpossession of the material, to persons under the age of seventeen, upona finding that the material is of the kind described in paragraph a or bof subdivision one of section 235.21 of the penal law.