N.Y. C.P.L.R. 6313

§ 6313. Temporary restraining order. (a) Generally. If, on a motion\nfor a preliminary injunction, the plaintiff shall show that immediate\nand irreparable injury, loss or damages will result unless the defendant\nis restrained before a hearing can be had, a temporary restraining order\nmay be granted without notice. Upon granting a temporary restraining\norder, the court shall set the hearing for the preliminary injunction at\nthe earliest possible time. No temporary restraining order may be\ngranted in an action arising out of a labor dispute as defined in\nsection eight hundred seven of the labor law, nor against a public\nofficer, board or municipal corporation of the state to restrain the\nperformance of statutory duties.\n (b) Service. Unless the court orders otherwise, a temporary\nrestraining order together with the papers upon which it was based, and\na notice of hearing for the preliminary injunction, shall be personally\nserved in the same manner as a summons.\n (c) Undertaking. Prior to the granting of a temporary restraining\norder the court may, in its discretion, require the plaintiff to give an\nundertaking in an amount to be fixed by the court, containing terms\nsimilar to those set forth in subdivision (b) of rule 6312, and subject\nto the exception set forth therein.\n