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- Referred to local government
- Referred to local government
Companion bill
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Authorizes the justice court of the town of Southampton to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
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Sponsor's memo
BILL NUMBER:S4683
Title of bill
An act in relation to authorizing the justice court in the town of Southampton, county of Suffolk to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations
Purpose or general idea of bill
To give the Southampton Town Justice Court the authority to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations.
Summary of specific provisions
Authorizes the Justice Court of the Town of Southampton to grant injunctions and temporary restraining orders in connection with local land use, building and fire regulations.
Justification
At this time the Southampton Town Justice Court has the authority to enforce local land use, fire, and building codes, only by imposing a criminal penalty of a fine or imprisonment after a trial. In many cases these violations present cases where there is imminent threat to life, health, or safety that requires immediate judicial action. Current law requires that an action for an injunction or for a TRO must go to the State Supreme Court. State Courts are already overburdened, and such matters can competently be handled in the Justice Courts, which already have wide ranging civil and criminal authority. Justice can be dispensed more efficiently and effectively by permitting such cases to be heard in the Southampton Town Justice Court and by giving said court the additional authority to issue injunctions and TROs. In many cases, equitable relief is a far more effective enforcement tool than a fine. It should also be pointed out that other local city and district courts already have this authority.
Prior legislative history
New Legislation, 2015
Effective date
This act shall take effect on the first of the month next succeeding at least 90 days after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.