NetNet's John Carney is on the scene in lower Manhattan. Here are his updates on what's going on.
4:49 P.M. : A New York state judge ruled in favor of New York City and Brookfield properties, declining to extend the temporary restraining order.
OWS protesters may legally return to the park.
They will not however be permitted to put up tents or other shelters in the park.
The decision came after a hearing this morning in the courthouse at 60 Center St. in lower Manhattan.
Earlier today, a different judge issued a temporary restraining order barring the city from preventing protesters from re-entering the park. The city seems to have ignored that order. This afternoon, the park was barricaded and occupied only by police officers and security guards.
Separately, Occupy Wall Street linked attorneys have said they are planning in asking the court to hold city officials in contempt of court for violating the earlier order.
It was not immediately clear if this decision would be appealed.
2:34 P.M. : The hearing, at 60 Centre St., about whether or not the Occupy Wall Street protesters should be allowed to re-enter Zuccotti Park has ended, they are expecting a decision at 3:15 P.M.
Here is Brookfield's letter to Mayor Bloomberg requesting removal of the protesters from the park.
1:56 P.M. : The attempt to occupy Duarte Park ended with protesters deciding to march back to Zuccotti Park around noon Tuesday.
Police arrested over a dozen protesters who had entered the fenced in construction area through a hole cut in the fence. Many protesters who had entered earlier left when police announced they would be arresting those who remained.
The word on among the protesters is that there had been ongoing conversations with Trinity Church, whose Trinity Properties owns Duarte Park, but no agreement had been reached.
"We talked about using one of their properties but not specifically this one," a person familiar with the matter said.
Earlier, a person at the protest had said that the group did not have the church's permission to use the park.
"We haven't been given permission or told to clear out by the church. But without explicit permission, we're technically trespassing and subject to arrest," said a protester.
As word went out that Trinity had not welcomed the Occupy Wall Street protesters to the park, faces showed disappointment. Shortly afterwards the arrests began.
Around noon, protesters decided to head back to Zuccotti Park. They were met less than a block into the march south by a small group who were dashing north from Zuccotti after hearing of the arrests at Duarte.
A morning of confusion, disappointment and apprehension about the future of Occupy Wall Street.
12:41 P.M. : Priest named Earl Kooperkamp clarified he works with Occupy Wall Street and spoke with Trinity about using this or another site.
Kooperkamp said Trinity didn't tell protesters to leave but didn't give Occupy Wall Street permission to stay. Cops could therefore arrest protesters because they were trespassing, Kooperkamp said.
11:56 A.M. :From Reverend Martha Rollins Overall, priest of St Anns church of Morrisania:
Reverend Earl Kooperkamp, an Episcopal priest at St. Mary's church, Manhattanville on 126th St., represents Occupy Wall Street. He is negotiating with Trinity Church (also Episcopal) to let Occupy Wall Street protestors stay at this site at 76 Varick.
Occupy Wall Street is now saying the cops spoke to Trinity properties and Trinity church and that Trinity has asked Occupy Wall Street to leave the site.
11:44 A.M.: Police announced that they will arrest anyone inside of construction site.
The protesters have left interior and jumped and climbed atop the fence around the site.
Dozens of helmeted police just arrived on north side of park.
An empty white police bus has parked on south side of park.
"This means they are planning mass arrests," one protester said.
11:32 A.M. : Dozens of police officers arrived Shortly after protesters cut a hole in the fence surrounding a construction area at Duarte Park.
About fifty police officers gathered in a large mass on Canal Street adjacent to the hole in the fence.
The situation has grown tense. Some kind of police action seems imminent.
10:59 A.M. : A shaven-headed man in a black suit has taken to the wall beside the park.
He says that the "expansion of Occupy Wall Street" to Duarte Park has been planned for weeks. The park, he says, is owned by Trinity Church.
"We do not have permission to be here. But they are our allies. And sometimes it is better for both giver and receiver to ask for forgiveness rather than permission," he says.
The protesters are climbing the walls to open the gate into the fenced off park. They are, right now, moving into fenced off park.
10:33 A.M. : A hearing is scheduled at 11:30 at the courthouse at 60 Center St.
Early this morning, Gideon Oliver of the National Lawyers Guild obtained a temporary restraining order prohibiting the city from evicting protesters from Zuccotti Park or enforcing rules preventing protesters from re-entering the parks with tents and "other property previously utilized."
The order was entered at 6:30 am, several hours after the initial clearing of the park.
10:10 A.M. : The General Assembly is underway.
A young woman with short brown hair in a blue windbreaker has taken the lead, talking to crowd through the famous "people's mic" technique.
She tells the crowd at Duarte Park that their is a legal battle being fought over Zuccotti Park. "Our park," she calls it.
Union members and community organizations are on the way to support the Occupy Wall Street movement, she says.
"It's important that we assess what our strength is as we decide our next move," she says.
Another young man warns that too many arrests could diminish the strength of the movement.
The General Assembly continues as the woman in the blue windbreaker explains the rules of a game called "bombs and shields" she proposes they play as they wait for "back up" from community groups.
9:45 A.M. : After gathering in Duarte Park for about 45 minutes, the protesters have split into two groups.
One group left to return to Zuccotti Park, to re-occupy the park. They were told by OWS organizers that they had the right to return to park but to expect harassment from police.
The other group is planning to hold a "General Assembly" meeting in Duarte Park to discuss their next move.
There is talk of legal action against the city for destruction of OWS property in this morning's clearing of the OWS camp.
9:30 A.M. : The Occupy Wall Streetmovement marched to a small park on The Avenue of Americas and Canal Street around 9 am this morning.
The protesters had gathered at Foley Square after being ousted from Zucotti Park early this morning.
The march to Canal passed peacefully amid heavy police presence.
Several blocks south of Folely Square, near City Hall, groups of helmeted riot police had gathered.
As they reached the park on Canal the protesters began chanting.
"We are unstoppable! Another world is possible," they chanted.
A wall demarcating a construction site on western edge of park was mounted by several protesters who draped in with banners.
At this time, it's not clear what will happen next.
(News producer Leslie Gersing contributed to this report.)
Questions? Comments? Email us at
Follow John on Twitter @ twitter.com/Carney
Follow NetNet on Twitter @ twitter.com/CNBCnetnet
Facebook us @