NY State Fin L § 139-C (2021)
2021 New York Laws STF - State Finance Article 9 - Contracts 139-C - Removal of Disqualification of Public Contractors by Petition.

§   139-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   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  one  hundred  thirty-nine-a  and  one   hundred thirty-nine-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, or the organized   crime task force in the department of law 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  thirty-nine-a  and   one   hundred   thirty-nine-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.1-a. Any firm, partnership, or corporation which has become subject to   the cancellation or termination of a  contract  or  disqualification  to   contract  on  account  of  conviction  of a crime defined in article two   hundred or four hundred ninety-six or section 195.20 of the  penal  law,   as  provided  in  sections  one  hundred  thirty-nine-a  and one hundred   thirty-nine-b of this article, may, upon  thirty  days'  notice  to  the   district  attorney  who conducted the action that led to the conviction,   and the office of the state comptroller commence a special proceeding at   a special term of the supreme court held within the judicial district in   which the conviction  was  obtained  for  an  order  discontinuing  such   disqualification.  The  petition  shall set forth the grounds, including   that the firm, partnership, or corporation has taken sufficient  actions   to  remove from responsibility officers and employees who engaged in the   actions that  formed  the  basis  of  the  conviction,  that  the  firm,   partnership, or corporation has taken appropriate and sufficient actions   to  ensure  that the actions that formed the basis of the conviction are   unlikely to recur, and 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 thirty-nine-a  and   one hundred thirty-nine-b of this article; provided further, at any time   after  such  cancellation or disqualification any such firm, partnership   or corporation may apply to the supreme court, upon notice  as  provided   herein  for an immediate termination of disqualification upon a reversal   of the conviction upon which the debarment was imposed.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 move  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.