§ 102. Court proceedings. 1. Action to restrain illegal payment of
salary or compensation. Any taxpayer as defined in subdivision two
hereof shall have the right to bring an action in the supreme court to
declare illegal or restrain payment of salary or compensation to any
person appointed to or holding any office, place or employment in
violation of any of the constitutions or provisions of this chapter, and
such right shall not be limited or denied by reason of the fact that
said office, place or employment shall have been classified as, or
determined to be, not subject to competitive examination; provided,
however, that any judgment or injunction granted or made in any such
action shall be prospective only, and shall not affect payments already
made or due to such persons by the proper disbursing officers in
accordance with the civil service rules in force at the time of such
payments.

2. Action to recover sums illegally paid from appointing and fiscal
officers. Any sums paid contrary to the provisions of section one
hundred of this chapter may be recovered from any officer or officers by
whom the person or persons receiving the same were appointed in
violation of the provisions of law and of the rules made in pursuance of
law, or any officer signing or countersigning or authorizing the signing
or countersigning of any warrant for the payment of the same, and from
the sureties on the official bond of such officer or officers in an
action in the supreme court maintained by a citizen resident of the
state, who is assessed for and is liable to pay, or within one year
before the commencement of the action has paid a tax therein, or by the
state civil service commission or the municipal civil service commission
having jurisdiction. It shall be the duty of the attorney general or of
the appropriate law officer of the civil division wherein such sums were
illegally paid, to prosecute such action upon the request of the state
civil service commission or department or the municipal civil service
commission having jurisdiction as the case may be. All moneys recovered
in any such action shall, when collected, be paid into the treasury of
the state or the civil division, as the case may be, except that if such
action is maintained by a taxpayer, he shall be entitled to receive for
his own use the taxable costs of such action.

3. Action to enjoin violation of the civil service law. The state
civil service commission or the municipal civil service commission
having jurisdiction, as the case may be, may maintain an action in the
supreme court to enjoin any violation of the civil service law or the
rules established thereunder, and for such incidental relief as may be
necessary. It shall be the duty of the attorney general, or of the
appropriate law officer of the civil division wherein such violation
occurs, as the case may be, to commence and maintain such action upon
the request of the state civil service commission or the municipal civil
service commission having jurisdiction, as the case may be.