New York Laws
Article 2 - New York State Cannabis Control Board
16-A - Emergency Relief.

(b) The proceeding shall name as defendants the building or premises
wherein the unlicensed activity is being conducted, maintained, or
permitted, by describing it by tax lot and street address and at least
one of the owners of some part of or interest in the property.
(c) In rem jurisdiction shall be complete over the building or
premises wherein the unlicensed activity is being conducted, maintained,
or permitted by affixing the notice of petition to the door of the
building or premises and by mailing the notice of petition by certified
or registered mail, return receipt requested, to one of the owners of
some part of or interest in the property. Proof of service shall be
filed within two days thereafter with the clerk of the court designated
in the notice of petition. In any county where e-filing is unavailable,
proof of service may be mailed to the clerk. Service shall be complete
upon such filing or mailing.
(d) Defendants, other than the building or premises wherein the
unlicensed activity is being conducted, maintained, or permitted, shall
be served with the notice of petition as provided in the civil practice
law and rules or pursuant to court order. No more than thirty days prior
to such service, the office shall mail a copy, by certified mail, of any
prior notice of violation or letter or order to cease and desist
relating to the unlicensed activity at the building or premises to the
person in whose name the real estate affected by the proceeding is
recorded in the office of the city register or the county clerk, as the
case may be, who shall be presumed to be the owner thereof. Such mailing
shall constitute notice to the owner and shall be deemed to be complete
upon such mailing by the office as provided above. No more than fifteen
days prior to such service, the office, or the attorney general, at the
request of and on behalf of the office of cannabis management, shall
verify the ongoing occupancy of any natural person who is a tenant of
record and alleged to have caused or permitted the unlicensed activity
in the building or premises wherein the unlicensed activity is alleged
to have been conducted, maintained, or permitted. If at any time such
defendants vacate such building or premises, any action or proceeding
filed in accordance with these procedures relating to such building or
premises shall be withdrawn.
(e) With respect to any proceeding commenced or to be commenced
pursuant to this section by the office of cannabis management or the
attorney general, at the request of and on behalf of the office, may
file a notice of pendency pursuant to the provisions of article
sixty-five of the civil practice law and rules.
(f) The person in whose name the real estate affected by the
proceeding is recorded in the office of the city register or the county
clerk, as the case may be, shall be presumed to be the owner thereof.
Upon being served in a proceeding under this section, such owner shall,
to the extent known, provide to the office of cannabis management,
within three days, the names of any other owners, lessors and lessees of
the building or premises that is the subject of the proceeding.
Thereafter, such owners, lessors and lessees may be made parties to the
proceeding.
(g) Whenever there is evidence that a person was the manager,
operator, supervisor or, in any other way, in charge of the premises, at
the time the unlicensed activity was being conducted, maintained, or
permitted, such evidence shall be presumptive that he or she was an
agent or employee of the owner or lessee of the building or premises.
(h) If a finding is made that the defendant has conducted, maintained,
or permitted the unlicensed activity a penalty, to be included in the
judgment, may be awarded in an amount not to exceed ten thousand dollars
for each day it is found that the defendant intentionally conducted,
maintained or permitted the unlicensed activity. Upon recovery, such
penalty shall be paid to the office of cannabis management.
2. Preliminary injunction. (a) Pending a proceeding for a permanent
injunction pursuant to this section the court may grant a preliminary
injunction enjoining the unlicensed activity and the person or persons
conducting, maintaining, or permitting the unlicensed activity from
further conducting, maintaining, or permitting the unlicensed activity,
where the public health, safety or welfare immediately requires the
granting of such injunction. A temporary closing order may be granted
pending a hearing for a preliminary injunction where it appears by clear
and convincing evidence that unlicensed activity within the scope of
this section is being conducted, maintained, or permitted and that the
public health, safety or welfare immediately requires the granting of a
temporary closing order. A temporary restraining order may be granted
pending a hearing for a preliminary injunction.
(b) A preliminary injunction shall be enforced by the office or, at
the request of the office, the attorney general. At the request of the
office, a police officer or peace officer with jurisdiction may also
enforce the preliminary injunction.
(c) The office or the attorney general shall show, by affidavit and
such other evidence as may be submitted, that there is a cause of action
for a permanent injunction abating unlicensed activity.
3. Temporary closing order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes only, the office or
the attorney general demonstrates by clear and convincing evidence that
such unlicensed activity is being conducted, maintained, or permitted
and that the public health, safety, or welfare immediately requires a
temporary closing order, a temporary order closing such part of the
building or premises wherein such unlicensed activity is being
conducted, maintained, or permitted may be granted without notice,
pending order of the court granting or refusing the preliminary
injunction and until further order of the court. Upon granting a
temporary closing order, the court shall direct the holding of a hearing
for the preliminary injunction at the earliest possible time but no

later than three business days from the granting of such order; a
decision on the motion for a preliminary injunction shall be rendered by
the court within three business days after the conclusion of the
hearing.
(b) Unless the court orders otherwise, a temporary closing order
together with the papers upon which it was based and a notice of hearing
for the preliminary injunction shall be personally served, in the same
manner as a summons as provided in the civil practice law and rules.
(c) A temporary closing order shall only be issued prior to a hearing
on a preliminary injunction if the building or premises is used for
commercial purposes only.
(d) No temporary closing order shall be issued against any building or
premises where, in addition to the unlicensed activity which is alleged,
activity that is licensed or otherwise lawful remains in place. In
addition, no temporary closing order shall be issued against any
building or premises which is used in part as residence and pursuant to
local law or ordinance is zoned and lawfully occupied as a residence.
4. Temporary restraining order. (a) If, on a motion for a preliminary
injunction alleging unlicensed activity as described in this section in
a building or premises used for commercial purposes, the office or the
attorney general demonstrates by clear and convincing evidence that such
unlicensed activity is being conducted, maintained, or permitted and
that the public health, safety, or welfare immediately requires a
temporary restraining order, a temporary restraining order may be
granted without notice restraining the defendants and all persons from
removing or in any manner interfering with the furniture, fixtures and
movable property used in conducting, maintaining or permitting such
unlicensed activity, including adult-use cannabis, and from further
conducting, maintaining or permitting such unlicensed activity, pending
order of the court granting or refusing the preliminary injunction and
until further order of the court. Upon granting a temporary restraining
order, the court shall direct the holding of a hearing for the
preliminary injunction at the earliest possible time but no later than
three business days from the granting of such order; a decision on the
motion for a preliminary injunction shall be rendered by the court
within three business days after the conclusion of the hearing.
(b) Unless the court orders otherwise, a temporary restraining order
and the papers upon which it was based and a notice of hearing for the
preliminary injunction shall be personally served, in the same manner as
a summons as provided in the civil practice law and rules.
5. Temporary closing order; temporary restraining order; additional
enforcement procedures. (a) If on a motion for a preliminary injunction,
the office of cannabis management or the attorney general submits
evidence warranting both a temporary closing order and a temporary
restraining order, the court shall grant both orders.
(b) Upon the request of the office, any police officer or peace
officer with jurisdiction may assist in the enforcement of a temporary
closing order and temporary restraining order.
(c) The police officer or peace officer serving a temporary closing
order or a temporary restraining order shall forthwith make and return
to the court an inventory of personal property situated in and used in
conducting, maintaining, or permitting the unlicensed activity within
the scope of this chapter and shall enter upon the building or premises
for such purpose. Such inventory shall be taken in any manner which is
deemed likely to evidence a true and accurate representation of the
personal property subject to such inventory including, but not limited
to photographing such personal property.
(d) The police officer or peace officer serving a temporary closing
order shall, upon service of the order, command all persons present in
the building or premises to vacate the premises forthwith. Upon the
building or premises being vacated, the premises shall be securely
locked and all keys delivered to the officer serving the order who
thereafter shall deliver the keys to the fee owner, lessor, or lessee of
the building or premises involved. If the fee owner, lessor, or lessee
is not at the building or premises when the order is being executed, the
officer shall securely padlock the premises and retain the keys until
the fee owner, lessor, or lessee of the building is ascertained, in
which event, the officer shall deliver the keys to such owner, lessor,
or lessee.
(e) Upon service of a temporary closing order or a temporary
restraining order, the police officer or peace officer shall post a copy
thereof in a conspicuous place or upon one or more of the principal
doors at entrances of such premises where the unlicensed activity is
being conducted, maintained, or permitted. In addition, where a
temporary closing order has been granted, the officer shall affix, in a
conspicuous place or upon one or more of the principal doors at
entrances of such premises, a printed notice that the premises have been
closed by court order, which notice shall contain the legend "closed by
court order" in block lettering of sufficient size to be observed by
anyone intending or likely to enter the premises, the date of the order,
the court from which issued, and the name of the officer or agency
posting the notice. In addition, where a temporary restraining order has
been granted, the police officer or peace officer shall affix, in the
same manner, a notice similar to the notice provided for in relation to
a temporary closing order except that the notice shall state that
certain described activity is prohibited by court order and that removal
of property is prohibited by court order. Mutilation or removal of such
a posted order or such a posted notice while it remains in force, in
addition to any other punishment prescribed by law, shall be punishable,
on conviction, by a fine of not more than five thousand dollars or by
imprisonment not exceeding ninety days, or by both, provided such order
or notice contains therein a notice of such penalty. Any police officer
or peace officer with jurisdiction may, upon the request of the office,
assist in the enforcement of this section.
6. Temporary closing order; temporary restraining order; defendant's
remedies. (a) A temporary closing order or a temporary restraining order
shall be vacated, upon notice to the office, if the defendant shows by
affidavit and such other proof as may be submitted that the unlicensed
activity within the scope of this chapter has been abated. An order
vacating a temporary closing order or a temporary restraining order
shall include a provision authorizing the office to inspect the building
or premises which is the subject of a proceeding pursuant to this
subdivision, periodically without notice, during the pendency of the
proceeding for the purpose of ascertaining whether or not the unlicensed
activity has been resumed. Any police officer or peace officer with
jurisdiction may, upon the request of the office, assist in the
enforcement of an inspection provision of an order vacating a temporary
closing order or temporary restraining order.
(b) A temporary closing order or a temporary restraining order may be
vacated by the court, upon notice to the office, when the defendant
gives an undertaking and the court is satisfied that the public health,
safety, or welfare will be protected adequately during the pendency of
the proceeding. The undertaking shall be in an amount equal to the
assessed valuation of the building or premises where the unlicensed
activity is being conducted, maintained, or permitted or in such other

amount as may be fixed by the court. The defendant shall pay to the
office and the attorney general, in the event a judgment of permanent
injunction is obtained, their actual costs, expenses and disbursements
in bringing and maintaining the proceeding. In addition, the defendant
shall pay to the local government or law enforcement agency that
provided assistance in enforcing any order of the court issued pursuant
to a proceeding brought under this section, its actual costs, expenses
and disbursements in assisting with the enforcement of the proceeding.
7. Permanent injunction. (a) A judgment awarding a permanent
injunction pursuant to this chapter shall direct that any illicit
cannabis seized shall be turned over to the office of cannabis
management or their authorized representative. The judgment may further
direct any police officer or peace officer with jurisdiction to seize
and remove from the building or premises all material, equipment, and
instrumentalities used in the creation and maintenance of the unlicensed
activity and shall direct the sale by the sheriff of any such property
in the manner provided for the sale of personal property under execution
pursuant to the provisions of the civil practice law and rules. The net
proceeds of any such sale, after deduction of the lawful expenses
involved, shall be paid to the general fund of the state.
(b) A judgment awarding a permanent injunction pursuant to this
chapter may direct the closing of the building or premises by any police
officer or peace officer with jurisdiction to the extent necessary to
abate the unlicensed activity and shall direct any police officer or
peace officer with jurisdiction to post a copy of the judgment and a
printed notice of such closing conforming to the requirements of this
chapter. The closing directed by the judgment shall be for such period
as the court may direct but in no event shall the closing be for a
period of more than one year from the posting of the judgment provided
for in this section. If the owner shall file a bond in the value of the
property ordered to be closed and submits proof to the court that the
unlicensed activity has been abated and will not be created, maintained,
or permitted for such period of time as the building or premises has
been directed to be closed in the judgment, the court may vacate the
provisions of the judgment that direct the closing of the building or
premises. A closing by a police officer or peace officer with
jurisdiction pursuant to the provisions of this section shall not
constitute an act of possession, ownership, or control by such police
officer or peace officer of the closed premises.
(c) Upon the request of the office of cannabis management or its
authorized representative, any police officer or peace officer with
jurisdiction may assist in the enforcement of a judgment awarding a
permanent injunction entered in a proceeding brought pursuant to this
chapter.
(d) A judgment rendered awarding a permanent injunction pursuant to
this chapter shall be and become a lien upon the building or premises
named in the petition in such proceeding, such lien to date from the
time of filing a notice of lis pendens in the office of the clerk of the
county wherein the building or premises is located. Every such lien
shall have priority before any mortgage or other lien that exists prior
to such filing except tax and assessment liens.
(e) A judgment awarding a permanent injunction pursuant to this
chapter shall provide, in addition to the costs and disbursements
allowed by the civil practice law and rules, upon satisfactory proof by
affidavit or such other evidence as may be submitted, the actual costs,
expenses and disbursements of the office and the attorney general in
bringing and maintaining the proceeding.

8. Civil proceedings. In addition to the authority granted in this
section to the office of cannabis management and the attorney general,
county attorney, corporation counsel, or local government in which such
building or premises is located may, after the office of cannabis
management grants permission in writing, bring and maintain a civil
proceeding in the supreme court of the county in which the building or
premises is located to permanently enjoin the unlicensed activity
described in this section and the person or persons conducting or
maintaining such unlicensed activity, in accordance with the procedures
set forth in this section. The office shall be permitted to intervene as
of right in any such proceeding. Any such governmental entity which
obtains a permanent injunction pursuant to this chapter shall be
awarded, in addition to the costs and disbursements allowed by the civil
practice law and rules, upon satisfactory proof by affidavit or such
other evidence as may be submitted, the actual costs, expenses and
disbursements in bringing and maintaining the proceeding. The authority
provided by this subdivision shall be in addition to, and shall not be
deemed to diminish or reduce, any rights of the parties described in
this section under existing law for any violation pursuant to this
chapter or any other law.
* NB Repealed May 1, 2028