Legislation
SECTION 2801-C
Injunctions
Public Health (PBH) CHAPTER 45, ARTICLE 28
§ 2801-c. Injunctions. The supreme court may enjoin violations or
threatened violations of any provisions of this article; and it may
enjoin violations of the regulations of the department adopted
thereunder. Upon request of the public health council or the
commissioner, the attorney general shall maintain an action in the
supreme court in the name of the people of the state to enjoin any such
violation. Notwithstanding any limitation of the civil practice law and
rules, such court may, on motion and affidavit, and upon proof that such
violation is one which reasonably may result in injury to any person,
whether or not such person is a party to such action, grant a temporary
injunction upon such terms as may be just, pending the determination of
the action. No security on the part of the people of this state shall be
required. In any action for injunction brought pursuant to this article,
any finding of the public health council or the commissioner or hearing
officer designated by either shall be prima facie evidence of the fact
or facts found therein.
threatened violations of any provisions of this article; and it may
enjoin violations of the regulations of the department adopted
thereunder. Upon request of the public health council or the
commissioner, the attorney general shall maintain an action in the
supreme court in the name of the people of the state to enjoin any such
violation. Notwithstanding any limitation of the civil practice law and
rules, such court may, on motion and affidavit, and upon proof that such
violation is one which reasonably may result in injury to any person,
whether or not such person is a party to such action, grant a temporary
injunction upon such terms as may be just, pending the determination of
the action. No security on the part of the people of this state shall be
required. In any action for injunction brought pursuant to this article,
any finding of the public health council or the commissioner or hearing
officer designated by either shall be prima facie evidence of the fact
or facts found therein.