N.Y. AGM Law § 258-E — New York Code / Act AGM / Article 21 / Section 258-E
Violations; remedies
Status: in_force

§ 258-e. Violations; remedies. 1. The commissioner may institute such\naction at law or in equity as may appear necessary to enforce compliance\nwith any provision of the statutes, rules and orders committed to his\nadministration, and in addition to any other remedy under article three\nof this chapter or otherwise may apply for relief by injunction if\nnecessary to protect the public interest without being compelled to\nallege or prove that an adequate remedy at law does not exist. Such\napplication may be made to the supreme court in any district or county\nas provided in the civil practice law and rules, or to the supreme court\nin the third judicial district.\n  2. In addition to remedies provided by subdivsion one of this section;\n  Whenever the commissioner has reason to believe that any person has\nbeen or is engaged in conduct which violates any provision of this\narticle or of any regulation promulgated thereunder he may issue a\ncomplaint specifying the charges and giving reasonable notice of a\nhearing thereon.\n  Whenever the commissioner has reason to believe that any milk dealer,\nwhether licensed or subject to license under this article, has been or\nis engaging in any conduct for which a license may be declined or\nrevoked pursuant to section two hundred fifty-eight-c, the commissioner\nmay issue a complaint specifying the charges and giving reasonable\nnotice of a hearing thereon.\n  The person so complained of shall appear and show cause why an order\nshould not be entered by the commissioner requiring such person to cease\nand desist from the conduct charged, or to perform those acts which will\nconstitute a discontinuance of the conduct charged. After due notice and\nopportunity of hearing or after default of such person to appear and\nproceed, if the commissioner shall find such person to have violated any\nprovision of this article or any regulation promulgated thereunder or to\nhave engaged in conduct for which a license may be declined or revoked\npursuant to section two hundred fifty-eight-c, he shall enter an order\nrequiring such person to cease and desist from the acts, practices or\nomissions so found or to perform acts as aforesaid, and imposing such\ncivil penalty as he deems appropriate within the limits of subdivision\nfour.\n  3. The order of the commissioner issued pursuant to subdivision two of\nthis section shall be final subject to review proceedings under\nsubdivision five of this section, and shall not be stayed by any court\nexcept as provided in such subdivision five. Upon failure of such person\nto obtain a stay as herein provided, the commissioner may apply to the\nsupreme court of Albany county for an order directing compliance, and if\nsuch order is issued, any failure to obey such compliance order may be\npunished as a contempt of court.\n  4. Any civil penalty imposed by an order issued pursuant to\nsubdivision two of this section shall be in an amount not less than one\nhundred dollars, or more than one thousand dollars for each violation of\nthis article or any regulation promulgated thereunder. In determining\nthe amount of any penalty to be assessed under this subdivision, the\ncommissioner shall consider, but not be limited to consideration of: (i)\nthe seriousness of the violation for which the penalty is to be imposed\nand (ii) the nature and extent of any previous violations for which\npenalties have been assessed against the person. Each day's violation\nmay, in the discretion of the commissioner, be deemed to constitute a\nseparate offense. If, after the expiration of the thirty day review\nperiod prescribed by subdivisions three and five of this section, such\norder has not been stayed by the supreme court in a proceeding for\njudicial review thereof, the commissioner may file with the clerk of any\ncounty the original or a certified copy of the order directing payment\nof a civil penalty, and thereupon the clerk shall enter in the judgment\ndocket, in the column for judgment debtors, the name of the person\nagainst whom the penalty was assessed by such order, and in appropriate\ncolumns the amount of such person's liability for such penalty, together\nwith interests and costs, and the date that such order is filed. Upon\nsuch filing, the amount of the penalty so docketed shall become a lien\nupon and bind the real and personal property of the person against whom\nit is issued in the same manner as a judgment duly docketed in the\noffice of such clerk, and the commissioner shall have the same remedies\nto enforce such liability as if a judgment in a court of record had been\nrecovered against such person.\n  5. Any person aggrieved by final order of the commissioner made\npursuant to this section may within thirty days after service of such\norder upon him, institute a proceeding for a review thereof pursuant to\narticle seventy-eight of the civil practice law and rules; provided,\nhowever, that no stay shall be issued, unless applied for within seven\ndays after the effective date and unless the applicant makes a clear and\nconvincing showing of present, substantial and irreparable injury,\nclearly over-balancing the public interest in immediate compliance which\nis hereby declared as the policy of this act.\n