N.Y. GMU Law § 103-C — New York Code / Act GMU / Article 5-A / Section 103-C
Removal of disqualification of public contractors by petition
Status: in_force

§ 103-c. Removal of disqualification of public contractors by\npetition.  1. Any firm, partnership or corporation which has become\nsubject to the cancellation or termination of a contract or\ndisqualifications to contract on account of the refusal of a member,\npartner, director or officer thereof to waive immunity when called to\ntestify, as provided in sections one hundred three-a and one hundred\nthree-b of this article, may, upon ten days' notice to the attorney\ngeneral and to the officer who conducted the investigation before the\ngrand jury, the head of a state department, the chairman of the\ntemporary state commission or other state agency, the organized crime\ntask force in the department of law, the head of a city department or\nother city agency in which the refusal occurred, commence a special\nproceeding at a special term of the supreme court held within the\njudicial district in which the refusal occurred for an order\ndiscontinuing the disqualification. The petition shall set forth\ngrounds, including that the cooperation by petitioner with the grand\njury or other body which conducted the investigation at the time of the\nrefusal was such, and the amount and degree of control and financial\ninterest, if any, in the petitioning firm, partnership or corporation by\nthe member, partner, officer or director who refused to waive immunity\nis such, that it will not be in the public interest to cancel or\nterminate petitioner's contracts or to continue the disqualification, as\nprovided in sections one hundred three-a and one hundred three-b of this\narticle.\n  A copy of the petition and accompanying papers shall be served with\nthe notices to be given pursuant to this subdivision.\n  2. Upon the filing of such petition the court may stay as to\npetitioner, pending a decision upon the petition, the cancellation or\ntermination of any contracts resulting from such refusal upon such terms\nas to notice or otherwise as may be just.\n  3. At least two days prior to the return day, the officer who\nconducted the investigation before the grand jury or other body and the\nattorney general may file answers to the petition or apply for judgment\ndismissing the petition as a matter of law. On or before the return day\nthe petitioner may file a reply to the answer.\n  4. Upon the return day the court may, upon the petition and answer and\nother papers filed, forthwith render such judgment as the case requires,\nor if a triable issue of fact is duly raised, it shall forthwith be\ntried before a court sitting without a jury or before a referee. The\nprovisions of statute or rule governing references in an action shall\napply to a reference under this subdivision.\n  5. The court shall render judgment dismissing the petition on the\nmerits or discontinuing the disqualification upon the ground that the\npublic interest would be served by its discontinuance, and granting such\nother relief as to the cancellation or termination of contracts as may\nbe appropriate, but without costs to petitioner.\n