2023 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.