Legislation
SECTION 123-E
Relief by the court
State Finance (STF) CHAPTER 56, ARTICLE 7-A
§ 123-e. Relief by the court. 1. The court may grant equitable or
declaratory relief, or both, including, but not limited to: enjoining
the activity complained of; restitution to the state of those public
funds disbursed or public property alienated; in the case of public
property wrongfully alienated, compelling payment of the full market
value; a declaration that a proposed disbursement or alienation of
property would be illegal; and such other and further relief as to the
court may seem just and proper.
2. The court, at the commencement of an action pursuant to this
article, or at any time subsequent thereto and prior to entry of
judgment, upon application by the plaintiff or the attorney general on
behalf of the people of the state, may grant a preliminary injunction
and impose such terms and conditions as may be necessary to restrain the
defendant if he or she threatens to commit or is committing an act or
acts which, if committed or continued during the pendency of the action,
would be detrimental to the public interest. A temporary restraining
order may be granted pending a hearing for a preliminary injunction
notwithstanding the requirements of section six thousand three hundred
thirteen of the civil practice law and rules, where it appears that
immediate and irreparable injury, loss, or damage will result unless the
defendant is restrained before a hearing can be had.
declaratory relief, or both, including, but not limited to: enjoining
the activity complained of; restitution to the state of those public
funds disbursed or public property alienated; in the case of public
property wrongfully alienated, compelling payment of the full market
value; a declaration that a proposed disbursement or alienation of
property would be illegal; and such other and further relief as to the
court may seem just and proper.
2. The court, at the commencement of an action pursuant to this
article, or at any time subsequent thereto and prior to entry of
judgment, upon application by the plaintiff or the attorney general on
behalf of the people of the state, may grant a preliminary injunction
and impose such terms and conditions as may be necessary to restrain the
defendant if he or she threatens to commit or is committing an act or
acts which, if committed or continued during the pendency of the action,
would be detrimental to the public interest. A temporary restraining
order may be granted pending a hearing for a preliminary injunction
notwithstanding the requirements of section six thousand three hundred
thirteen of the civil practice law and rules, where it appears that
immediate and irreparable injury, loss, or damage will result unless the
defendant is restrained before a hearing can be had.