Legislation
SECTION 755
Penalties and enforcement
General Business (GBS) CHAPTER 20, ARTICLE 35-D
§ 755. Penalties and enforcement. 1. In addition to the other remedies
provided, whenever there shall be a violation of this article,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not less than one hundred dollars and not more than one
thousand dollars. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.
1-a. Any person who violates any provision of section seven hundred
fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
or seven hundred fifty-three-e of this article may also be subject to
denial, suspension, revocation of, or refusal to renew a pet dealer
license, in accordance with the provisions of sections four hundred
three and four hundred four of the agriculture and markets law.
2. The provisions of this article may be enforced concurrently by the
director of a municipal consumer affairs office, or by the town
attorney, or city corporation counsel, and all moneys collected
thereunder shall be retained by such municipality or local government.
provided, whenever there shall be a violation of this article,
application may be made by the attorney general in the name of the
people of the state of New York to a court or justice having
jurisdiction by a special proceeding to issue an injunction, and upon
notice to the defendant of not less than five days, to enjoin and
restrain the continuance of such violations; and if it shall appear to
the satisfaction of the court or justice that the defendant has, in
fact, violated this article, an injunction may be issued by such court
or justice, enjoining and restraining any further violation, without
requiring proof that any person has, in fact, been injured or damaged
thereby. In any such proceeding, the court may make allowances to the
attorney general as provided in paragraph six of subdivision (a) of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution. Whenever the court shall determine that a
violation of this article has occurred, the court may impose a civil
penalty of not less than one hundred dollars and not more than one
thousand dollars. In connection with any such proposed application, the
attorney general is authorized to take proof and make a determination of
the relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.
1-a. Any person who violates any provision of section seven hundred
fifty-three-a, seven hundred fifty-three-b, seven hundred fifty-three-c,
or seven hundred fifty-three-e of this article may also be subject to
denial, suspension, revocation of, or refusal to renew a pet dealer
license, in accordance with the provisions of sections four hundred
three and four hundred four of the agriculture and markets law.
2. The provisions of this article may be enforced concurrently by the
director of a municipal consumer affairs office, or by the town
attorney, or city corporation counsel, and all moneys collected
thereunder shall be retained by such municipality or local government.