NY Pub Auth L § 2877 (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 4 - Contracts of Public Authorities 2877 - Removal of Disqualification of Public Contractors by Petition.

§ 2877. Removal of disqualification of public contractors by petition.   1.  Any firm, partnership or corporation which has become subject to the   cancellation  or  termination  of  a  contract  or  disqualification  to   contract  on  account  of  the refusal of a member, partner, director or   officer thereof to waive immunity when called to testify, as provided in   sections twenty-eight  hundred  seventy-five  and  twenty-eight  hundred   seventy-six  of  this  title, may, upon ten days' notice to the attorney   general and to the officer who conducted the  investigation  before  the   grand  jury  or  other  body  in  which the refusal occurred, commence a   special proceeding at a special term of the supreme  court  held  within   the  judicial  district  in  which  the  refusal occurred for a judgment   discontinuing the disqualification. Such application  shall  be  in  the   form of a petition setting forth grounds, including that the cooperation   by  petitioner  with  the  grand  jury  or other body at the time of the   refusal was such, and the amount and degree  of  control  and  financial   interest, if any, in the petitioning firm, partnership or corporation by   the  member,  partner, officer or director who refused to waive immunity   is such that it will  not  be  in  the  public  interest  to  cancel  or   terminate petitioner's contracts or to continue the disqualification, as   provided  in sections twenty-eight hundred seventy-five and twenty-eight   hundred seventy-six of this title.A copy of the petition and accompanying papers shall  be  served  with   the notices to be given pursuant to this subdivision.2.  Upon  the  filing  of  such  petition  the  court  may  stay as to   petitioner, pending a decision upon the petition,  the  cancellation  or   termination of any contracts resulting from such refusal upon such terms   as to notice or otherwise as may be just.3.  At  least  two  days  prior  to  the  return  day, the officer who   conducted the investigation before the grand jury or other body and  the   attorney  general may file answers to the petition or apply for judgment   dismissing the petition as a matter of law. On or before the return  day   the petitioner may file a reply to the answer.4. Upon the return day the court may, upon the petition and answer and   other papers filed, forthwith render such judgment as the case requires,   or  if  a  triable  issue  of fact is duly raised, it shall forthwith be   tried before a court sitting without a jury or  before  a  referee.  The   provisions  of  statute  or rule governing references in an action shall   apply to a reference under this subdivision.5. The court shall render judgment  dismissing  the  petition  on  the   merits  or  discontinuing  the disqualification upon the ground that the   public interest would be served by its discontinuance, and granting such   other relief as to the cancellation or termination of contracts  as  may   be appropriate, but without costs to petitioner.