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This entry was published on 2014-09-22
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SECTION 7201
Action by state
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 72
§ 7201. Action by state. (a) Statutory penalty or forfeiture. Where
property has been forfeited or a penalty incurred to the state or to an
officer, for its use, pursuant to statute, the attorney-general, or the
district attorney of the county in which the action is triable, if such
an action has not already been brought by the attorney-general, shall
commence an action to recover the property or penalty. A recovery in
such an action bars the recovery in any other action brought for the
same cause.

(b) Forfeiture on conviction for treason. Where personal property is
forfeited to the state upon a conviction of outlawry for treason, the
attorney-general shall commence an action to recover the property or its
value.

(c) Forfeiture of recognizance. Where the condition of a recognizance
is broken, the recognizance is wholly forfeited by an order of the court
directing its prosecution. Where a recognizance to the state is
forfeited, it is not necessary to allege or prove any damages.