§ 122 — Control of fiscal transactions and recovery of debts

New York § 122

• Jurisdiction: New York
• Law COR: Correction
• Art. 6: Management of Correctional Facilities

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§ 122. Control of fiscal transactions and recovery of debts. All the\nfiscal transactions and dealings on account of each correctional\nfacility shall be conducted by and in the name of the superintendent\nthereof, who shall have control over all matters of finance relating to\nsuch facility, subject to the direction and supervision of the\ncommissioner of correction. Such superintendent shall be capable in law\nof suing in all courts and places, and in all matters concerning the\nfacility, by his name of office, and by that name shall be authorized to\nsue for and recover all sums of money due from any person to any former\nagent, agent and superintendent or superintendent of the facility, or to\nthe people of this state on account of such facility. But it shall not\nbe lawful in any such suit or action for any defendant to plead or give\nin evidence any offset or matter by way of recoupment or counterclaim\nexcept for payments made, and not credited to such defendant, or to\nrecover any judgment against such superintendent in such suit or action\nother than for the costs and disbursements therein. Each superintendent\nshall enforce the payment of all debts due to the facility under his\ncharge with as little delay as possible, but subject to the approbation\nof the commissioner of correction, he may accept any security from any\ndebtor on granting him time, that he may deem conducive to the interests\nof the state. The commissioner of correction or any person authorized in\nthe rules and regulations of the department may at any time exercise the\npowers granted to a superintendent hereunder.\n