NY Gen Mun L § 103-C (2021)
2021 New York Laws GMU - General Municipal Article 5-A - Public Contracts 103-C - Removal of Disqualification of Public Contractors by Petition.

§   103-c.  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   disqualifications 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 one hundred  three-a  and  one  hundred   three-b  of  this  article,  may,  upon ten days' notice to the attorney   general and to the officer who conducted the  investigation  before  the   grand  jury,  the  head  of  a  state  department,  the  chairman of the   temporary state commission or other state agency,  the  organized  crime   task  force  in  the department of law, the head of a city department or   other city agency 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   an   order   discontinuing   the  disqualification.  The  petition  shall  set  forth   grounds, including that the cooperation by  petitioner  with  the  grand   jury  or other body which conducted the investigation 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 one hundred three-a and one hundred three-b of this   article.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.