N.Y. ACA Law § 23.11 — New York Code / Act ACA / Title F / Article 23 / Section 23.11
Injunctions; modification or dissolution
Status: in_force

§ 23.11. Injunctions; modification or dissolution.  1. Whenever the\nattorney general shall believe from evidence satisfactory to him that\nany person has engaged or is about to engage in any act or practice\nconstituting a violation of any provision of this article or any rule or\nregulation hereunder, he may in his discretion bring an action in the\nsupreme court of the state of New York to enjoin the acts or practices\nand to enforce compliance with this article or any rule or regulation\nhereunder. Upon a proper showing a permanent or temporary injunction or\nrestraining order shall be granted, which may include the appointment of\na temporary or permanent receiver of all of the assets and affairs of a\ntheatrical production, as defined herein, for the purpose of transacting\nthe affairs or liquidating such production, upon conditions set by the\ncourt, whenever such relief is deemed by such court in the interest of\nthe investor and the public generally. Upon a showing by the attorney\ngeneral that a violation of this article or any rule or regulation\nthereunder has occurred, he may include in an action under this article\nan application to direct restitution of any moneys or property obtained\ndirectly or indirectly by such violation. Whenever the court shall\ndetermine that a violation of this article has occurred, the court may\nimpose a civil penalty of not more than one thousand dollars for each\nsuch violation.\n  2. Any person against whom an injunction has been granted under the\nprovisions of this article may apply to the supreme court at any time\nafter five years from the date such permanent injunction became\neffective, upon at least sixty days' notice to the attorney general, for\nan order dissolving such injunction or modifying the same upon such\nterms and conditions as the court deems necessary or desirable. Such\napplication for dissolution or modification of such injunction shall\ncontain a recitation of the facts and circumstances which caused the\ngranting of the injunction; the occupation and employment of the person\nmaking the application and his financial remuneration therefrom since\nthe time the injunction was granted; his net worth at the time of the\napplication and the sources thereof, together with any other facts\nbearing upon the reasonableness of the application and the character of\nthe applicant, as may enable the court to issue an order that will\nproperly dispose of such application in the interests of justice. A copy\nof such application, together with copies of any other papers in support\nthereof, shall be served upon the attorney general at least sixty days\nprior to the return date thereof.  In addition thereto the applicant\nshall file with the court a good and sufficient surety bond in the sum\nof one thousand dollars guaranteeing that he will pay all costs and\nexpenses of an investigation by the attorney general of such applicant\nand the statements and claims alleged in the application together with\nany further investigation which the attorney general may deem necessary\nor desirable to determine whether he should consent to the application,\noppose the same or make such other recommendations to the court as in\nhis opinion are desirable to be included in any modification of such\ninjunction. Should it appear in the course of such investigation by the\nattorney general that said sum is not sufficient, the attorney general\nmay apply to the court by usual notice of motion or order to show cause\nfor an increase in the amount of security or further surety bond\nnecessary to fully pay all of the costs of the investigation and the\ncourt may require such further bond as the situation requires to fully\npay such costs and expenses. Upon the completion of such investigation,\nthe attorney general may file an answer to such application setting\nforth such facts as are pertinent to the determination by the court of\nthe matter before it and whether said injunction should be dissolved,\nmodified or continued in whole or in part and what conditions, if any,\nshall be attached to any dissolution or modification of said injunction.\nAfter a hearing upon such application and after any further\ninvestigation, proof or testimony which the court may order, it may make\na final order dissolving the permanent injunction or modifying the same\nupon such terms and conditions as in its opinion are just and desirable,\nor in its discretion, may deny the application. Such order shall contain\na direction that the applicant pay to the attorney general the costs and\nexpenses of the investigation in connection with the proceeding, and any\njudgment entered thereon may be enforced directly against the surety on\nthe bond. The court shall grant no temporary or other relief from the\ninjunction in force pending a final determination of such application.\nNo application under this subdivision shall be entertained: (a) where\nthe injunction was granted as an incident to a crime of which the\napplicant has been convicted, nor (b) in any case where the applicant\nhas been convicted of a felony or a crime that would be a felony if\ncommitted in the state of New York since the issuance of the injunction,\nnor (c) convicted at any time of any crime involving stocks, bonds,\ninvestments, securities, or like instruments, nor (d) convicted at any\ntime of any crime involving theatrical syndication interests, which are\nthe subject matter of this article.  Nor shall anything contained in\nthis subdivision be construed to deny to or interfere with the power of\nthe attorney general to bring any other action or proceeding, civil or\ncriminal, against the applicant at any time.\n