NY Arts & Cult Aff L § 23.11 (2021)
2021 New York Laws ACA - Arts and Cultural Affairs Title F - Theatrical Syndication Financing Article 23 - Regulation of Theatrical Syndication Financing 23.11 - Injunctions; Modification or Dissolution.

§ 23.11. Injunctions;  modification  or dissolution.   1. Whenever the   attorney general shall believe from evidence satisfactory  to  him  that   any  person  has  engaged  or  is about to engage in any act or practice   constituting a violation of any provision of this article or any rule or   regulation hereunder, he may in his discretion bring an  action  in  the   supreme  court  of the state of New York to enjoin the acts or practices   and to enforce compliance with this article or any  rule  or  regulation   hereunder.  Upon a proper showing a permanent or temporary injunction or   restraining order shall be granted, which may include the appointment of   a temporary or permanent receiver of all of the assets and affairs of  a   theatrical production, as defined herein, for the purpose of transacting   the  affairs  or liquidating such production, upon conditions set by the   court, whenever such relief is deemed by such court in the  interest  of   the  investor  and  the public generally. Upon a showing by the attorney   general that a violation of this  article  or  any  rule  or  regulation   thereunder  has occurred, he may include in an action under this article   an application to direct restitution of any moneys or property  obtained   directly  or  indirectly  by  such  violation.  Whenever the court shall   determine that a violation of this article has occurred, the  court  may   impose  a  civil  penalty of not more than one thousand dollars for each   such violation.2. Any person against whom an injunction has been  granted  under  the   provisions  of  this  article may apply to the supreme court at any time   after  five  years  from  the  date  such  permanent  injunction  became   effective, upon at least sixty days' notice to the attorney general, for   an  order  dissolving  such  injunction  or modifying the same upon such   terms and conditions as the court deems  necessary  or  desirable.  Such   application  for  dissolution  or  modification of such injunction shall   contain a recitation of the facts and  circumstances  which  caused  the   granting  of the injunction; the occupation and employment of the person   making the application and his financial  remuneration  therefrom  since   the  time  the  injunction was granted; his net worth at the time of the   application and the sources  thereof,  together  with  any  other  facts   bearing  upon the reasonableness of the application and the character of   the applicant, as may enable the court  to  issue  an  order  that  will   properly dispose of such application in the interests of justice. A copy   of such application, together with copies of any other papers in support   thereof,  shall  be served upon the attorney general at least sixty days   prior to the return date thereof.   In addition  thereto  the  applicant   shall  file  with the court a good and sufficient surety bond in the sum   of one thousand dollars guaranteeing that he  will  pay  all  costs  and   expenses  of  an investigation by the attorney general of such applicant   and the statements and claims alleged in the application  together  with   any  further investigation which the attorney general may deem necessary   or desirable to determine whether he should consent to the  application,   oppose  the  same  or make such other recommendations to the court as in   his opinion are desirable to be included in  any  modification  of  such   injunction.  Should it appear in the course of such investigation by the   attorney general that said sum is not sufficient, the  attorney  general   may  apply to the court by usual notice of motion or order to show cause   for an increase in  the  amount  of  security  or  further  surety  bond   necessary  to  fully  pay  all of the costs of the investigation and the   court may require such further bond as the situation requires  to  fully   pay  such costs and expenses. Upon the completion of such investigation,   the attorney general may file an  answer  to  such  application  setting   forth  such  facts as are pertinent to the determination by the court of   the matter before it and whether said injunction  should  be  dissolved,   modified  or  continued in whole or in part and what conditions, if any,    shall be attached to any dissolution or modification of said injunction.   After  a  hearing  upon  such  application   and   after   any   further   investigation, proof or testimony which the court may order, it may make   a  final order dissolving the permanent injunction or modifying the same   upon such terms and conditions as in its opinion are just and desirable,   or in its discretion, may deny the application. Such order shall contain   a direction that the applicant pay to the attorney general the costs and   expenses of the investigation in connection with the proceeding, and any   judgment entered thereon may be enforced directly against the surety  on   the  bond.  The  court shall grant no temporary or other relief from the   injunction in force pending a final determination of  such  application.   No  application  under  this subdivision shall be entertained: (a) where   the injunction was granted as an  incident  to  a  crime  of  which  the   applicant  has  been  convicted, nor (b) in any case where the applicant   has been convicted of a felony or a crime that  would  be  a  felony  if   committed in the state of New York since the issuance of the injunction,   nor  (c)  convicted  at  any  time of any crime involving stocks, bonds,   investments, securities, or like instruments, nor (d) convicted  at  any   time  of any crime involving theatrical syndication interests, which are   the subject matter of this article.   Nor shall  anything  contained  in   this  subdivision be construed to deny to or interfere with the power of   the attorney general to bring any other action or proceeding,  civil  or   criminal, against the applicant at any time.