§ 1353 — Civil remedies

§ 1353. Civil remedies. 1. Upon or after conviction of a person of any\nsubdivision of section 460.20 of the penal law, the court may, after\nmaking due provision for the rights of innocent persons, enjoin future\nactivity by the person so convicted or an enterprise he controls or in\nwhose control he participates upon a showing that injunctive action is\nnecessary to prevent further violation of that section. In such case the\ncourt may:\n (a) order the defendant to divest himself of any interest in a\nspecified enterprise;\n (b) impose reasonable restrictions upon the future activities or\ninvestments of the defendant, including prohibiting the defendant from\nengaging in the same type of endeavor as the enterprise in which he was\nengaged in violation of section 460.20 of the penal law;\n (c) order the dissolution of any enterprise he controls or the\nreorganization of any enterprise he controls or of which he participates\nin the control;\n (d) order the suspension or revocation of a license, permit or prior\napproval granted by any agency of the state or any political subdivision\nthereof to the defendant or to any enterprise controlled by him or in\nwhose control he participates, provided however, that when the court\norders such license, permit or approval revoked or suspended for a\nperiod of more than two years, the court shall set a period of time\nwithin two years of the date of such revocation or suspension after\nwhich the defendant or enterprise may petition the court to permit the\ndefendant or enterprise to request restoration or renewal of such\nlicense, permit or approval, by the agency or board empowered to grant\nit, after notice to and hearing of the party who brought the action in\nwhich the revocation or suspension was ordered;\n (e) order the revocation of the certificate of incorporation of a\ncorporation organized under the laws of the state in which the defendant\nhas a controlling interest or the revocation of authorization for a\nforeign corporation in which the defendant has a controlling interest to\nconduct business within the state upon a finding that the board of\ndirectors or a high managerial agent acting on behalf of the\ncorporation, in conducting the affairs of the corporation, has\nauthorized or engaged in activity made unlawful by section 460.20 of the\npenal law and that such action is necessary for the prevention of future\ncriminal activity made unlawful by section 460.20 of the penal law.\n 2. The attorney general, the deputy attorney general in charge of the\nstatewide organized crime task force, or any district attorney may\ninstitute civil proceedings in the supreme court under this section.\nAny action brought under this article shall constitute a special\nproceeding. In any action brought under this article, the supreme court\nshall proceed as soon as practicable to the hearing and determination\nthereof. Pending final determination, the supreme court may, at any\ntime, enter such injunctions, prohibitions, or restraining orders or\ntake such actions, including the acceptance of satisfactory performance\nbonds, ordering of disclosure under article thirty-one of this chapter,\nor other action as the court may deem proper.\n