§ 102 — Court proceedings

New York § 102

• Jurisdiction: New York
• Law CVS: Civil Service
• Title B: Certification of Payrolls; Court Actions
• Art. 7: Enforcement; Prohibitions; Penalties

Text

§ 102. Court proceedings. 1. Action to restrain illegal payment of\nsalary or compensation. Any taxpayer as defined in subdivision two\nhereof shall have the right to bring an action in the supreme court to\ndeclare illegal or restrain payment of salary or compensation to any\nperson appointed to or holding any office, place or employment in\nviolation of any of the constitutions or provisions of this chapter, and\nsuch right shall not be limited or denied by reason of the fact that\nsaid office, place or employment shall have been classified as, or\ndetermined to be, not subject to competitive examination; provided,\nhowever, that any judgment or injunction granted or made in any such\naction shall be prospective only, and shall not affect payments already\nmade or due to such persons by the proper disbursing officers in\naccordance with the civil service rules in force at the time of such\npayments.\n 2. Action to recover sums illegally paid from appointing and fiscal\nofficers. Any sums paid contrary to the provisions of section one\nhundred of this chapter may be recovered from any officer or officers by\nwhom the person or persons receiving the same were appointed in\nviolation of the provisions of law and of the rules made in pursuance of\nlaw, or any officer signing or countersigning or authorizing the signing\nor countersigning of any warrant for the payment of the same, and from\nthe sureties on the official bond of such officer or officers in an\naction in the supreme court maintained by a citizen resident of the\nstate, who is assessed for and is liable to pay, or within one year\nbefore the commencement of the action has paid a tax therein, or by the\nstate civil service commission or the municipal civil service commission\nhaving jurisdiction. It shall be the duty of the attorney general or of\nthe appropriate law officer of the civil division wherein such sums were\nillegally paid, to prosecute such action upon the request of the state\ncivil service commission or department or the municipal civil service\ncommission having jurisdiction as the case may be. All moneys recovered\nin any such action shall, when collected, be paid into the treasury of\nthe state or the civil division, as the case may be, except that if such\naction is maintained by a taxpayer, he shall be entitled to receive for\nhis own use the taxable costs of such action.\n 3. Action to enjoin violation of the civil service law. The state\ncivil service commission or the municipal civil service commission\nhaving jurisdiction, as the case may be, may maintain an action in the\nsupreme court to enjoin any violation of the civil service law or the\nrules established thereunder, and for such incidental relief as may be\nnecessary. It shall be the duty of the attorney general, or of the\nappropriate law officer of the civil division wherein such violation\noccurs, as the case may be, to commence and maintain such action upon\nthe request of the state civil service commission or the municipal civil\nservice commission having jurisdiction, as the case may be.\n