NY Agric & Mkts L § 258-E (2021)
2021 New York Laws AGM - Agriculture and Markets Article 21 - Milk Control 258-E - Violations; Remedies.

§ 258-e. Violations;  remedies. 1. The commissioner may institute such   action at law or in equity as may appear necessary to enforce compliance   with any provision of the statutes, rules and orders  committed  to  his   administration,  and in addition to any other remedy under article three   of this chapter or otherwise may  apply  for  relief  by  injunction  if   necessary  to  protect  the  public  interest without being compelled to   allege or prove that an adequate remedy at  law  does  not  exist.  Such   application  may  be made to the supreme court in any district or county   as provided in the civil practice law and rules, or to the supreme court   in the third judicial district.2. In addition to remedies provided by subdivsion one of this section;Whenever the commissioner has reason to believe that  any  person  has   been  or  is  engaged  in  conduct  which violates any provision of this   article or of any regulation  promulgated  thereunder  he  may  issue  a   complaint  specifying  the  charges  and  giving  reasonable notice of a   hearing thereon.Whenever the commissioner has reason to believe that any milk  dealer,   whether  licensed  or subject to license under this article, has been or   is engaging in any conduct for  which  a  license  may  be  declined  or   revoked  pursuant to section two hundred fifty-eight-c, the commissioner   may issue a complaint  specifying  the  charges  and  giving  reasonable   notice of a hearing thereon.The  person  so complained of shall appear and show cause why an order   should not be entered by the commissioner requiring such person to cease   and desist from the conduct charged, or to perform those acts which will   constitute a discontinuance of the conduct charged. After due notice and   opportunity of hearing or after default of such  person  to  appear  and   proceed, if the commissioner shall find such person to have violated any   provision of this article or any regulation promulgated thereunder or to   have  engaged  in conduct for which a license may be declined or revoked   pursuant to section two hundred fifty-eight-c, he shall enter  an  order   requiring  such  person  to cease and desist from the acts, practices or   omissions so found or to perform acts as aforesaid,  and  imposing  such   civil  penalty  as he deems appropriate within the limits of subdivision   four.3. The order of the commissioner issued pursuant to subdivision two of   this  section  shall  be  final  subject  to  review  proceedings  under   subdivision  five  of this section, and shall not be stayed by any court   except as provided in such subdivision five. Upon failure of such person   to obtain a stay as herein provided, the commissioner may apply  to  the   supreme court of Albany county for an order directing compliance, and if   such  order  is issued, any failure to obey such compliance order may be   punished as a contempt of court.4.  Any  civil  penalty  imposed  by  an  order  issued  pursuant   to   subdivision  two of this section shall be in an amount not less than one   hundred dollars, or more than one thousand dollars for each violation of   this article or any regulation promulgated  thereunder.  In  determining   the  amount  of  any  penalty to be assessed under this subdivision, the   commissioner shall consider, but not be limited to consideration of: (i)   the seriousness of the violation for which the penalty is to be  imposed   and  (ii)  the  nature  and  extent of any previous violations for which   penalties have been assessed against the person.  Each  day's  violation   may,  in  the  discretion of the commissioner, be deemed to constitute a   separate offense. If, after the expiration  of  the  thirty  day  review   period  prescribed  by subdivisions three and five of this section, such   order has not been stayed by the  supreme  court  in  a  proceeding  for   judicial review thereof, the commissioner may file with the clerk of any   county  the  original or a certified copy of the order directing payment    of a civil penalty, and thereupon the clerk shall enter in the  judgment   docket,  in  the  column  for  judgment  debtors, the name of the person   against whom the penalty was assessed by such order, and in  appropriate   columns the amount of such person's liability for such penalty, together   with  interests  and  costs, and the date that such order is filed. Upon   such filing, the amount of the penalty so docketed shall become  a  lien   upon  and bind the real and personal property of the person against whom   it is issued in the same manner as  a  judgment  duly  docketed  in  the   office  of such clerk, and the commissioner shall have the same remedies   to enforce such liability as if a judgment in a court of record had been   recovered against such person.5. Any person aggrieved  by  final  order  of  the  commissioner  made   pursuant  to  this  section may within thirty days after service of such   order upon him, institute a proceeding for a review thereof pursuant  to   article  seventy-eight  of  the  civil practice law and rules; provided,   however, that no stay shall be issued, unless applied for  within  seven   days after the effective date and unless the applicant makes a clear and   convincing  showing  of  present,  substantial  and  irreparable injury,   clearly over-balancing the public interest in immediate compliance which   is hereby declared as the policy of this act.