NY Civ Serv L § 102 (2021)
2021 New York Laws CVS - Civil Service Article 7 - Enforcement; Prohibitions; Penalties Title B - Certification of Payrolls; Court Actions 102 - Court Proceedings.

§ 102. Court  proceedings. 1. Action  to  restrain  illegal payment of   salary or compensation.   Any taxpayer as  defined  in  subdivision  two   hereof  shall  have the right to bring an action in the supreme court to   declare illegal or restrain payment of salary  or  compensation  to  any   person  appointed  to  or  holding  any  office,  place or employment in   violation of any of the constitutions or provisions of this chapter, and   such right shall not be limited or denied by reason  of  the  fact  that   said  office,  place  or  employment  shall  have been classified as, or   determined to be, not  subject  to  competitive  examination;  provided,   however,  that  any  judgment  or injunction granted or made in any such   action shall be prospective only, and shall not affect payments  already   made  or  due  to  such  persons  by  the  proper disbursing officers in   accordance with the civil service rules in force at  the  time  of  such   payments.2.  Action  to  recover sums illegally paid from appointing and fiscal   officers. Any sums paid  contrary  to  the  provisions  of  section  one   hundred of this chapter may be recovered from any officer or officers by   whom  the  person  or  persons  receiving  the  same  were  appointed in   violation of the provisions of law and of the rules made in pursuance of   law, or any officer signing or countersigning or authorizing the signing   or countersigning of any warrant for the payment of the same,  and  from   the  sureties  on  the  official  bond of such officer or officers in an   action in the supreme court maintained by  a  citizen  resident  of  the   state,  who  is  assessed  for  and is liable to pay, or within one year   before the commencement of the action has paid a tax therein, or by  the   state civil service commission or the municipal civil service commission   having  jurisdiction. It shall be the duty of the attorney general or of   the appropriate law officer of the civil division wherein such sums were   illegally paid, to prosecute such action upon the request of  the  state   civil  service  commission  or department or the municipal civil service   commission having jurisdiction as the case may be. All moneys  recovered   in  any  such action shall, when collected, be paid into the treasury of   the state or the civil division, as the case may be, except that if such   action is maintained by a taxpayer, he shall be entitled to receive  for   his own use the taxable costs of such action.3.  Action  to  enjoin  violation  of the civil service law. The state   civil service commission  or  the  municipal  civil  service  commission   having  jurisdiction,  as the case may be, may maintain an action in the   supreme court to enjoin any violation of the civil service  law  or  the   rules  established  thereunder, and for such incidental relief as may be   necessary. It shall be the duty of  the  attorney  general,  or  of  the   appropriate  law  officer  of  the civil division wherein such violation   occurs, as the case may be, to commence and maintain  such  action  upon   the request of the state civil service commission or the municipal civil   service commission having jurisdiction, as the case may be.