N.Y. C.P.L.R. 6311

§ 6311. Preliminary injunction. 1. A preliminary injunction may be\ngranted only upon notice to the defendant. Notice of the motion may be\nserved with the summons or at any time thereafter and prior to judgment.\nA preliminary injunction to restrain a public officer, board or\nmunicipal corporation of the state from performing a statutory duty may\nbe granted only by the supreme court at a term in the department in\nwhich the officer or board is located or in which the duty is required\nto be performed.\n 2. Notice of motion for a preliminary injunction to restrain state\nofficers or boards of state officers under the provisions of this\nsection must be upon notice served upon the defendant or respondent,\nstate officers or board of state officers and must be served upon the\nattorney general by delivery of such notice to an assistant attorney\ngeneral at an office of the attorney general in the county in which\nvenue of the action is designated or if there is no office of the\nattorney general in such county, at the office of the attorney general\nnearest such county.\n