§ 71-0505 — Suits and prosecution

New York § 71-0505

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Enforcement of Provisions Derived From Former Conservation Law
• Art. 71: Enforcement

Text

§ 71-0505. Suits and prosecution.\n 1. The commissioner shall have the power to bring actions suits or\nproceedings as in his judgment may be necessary or proper to perform any\nof the powers, functions or duties imposed upon him or upon the\ndepartment or any division thereof by any of the provisions of this\nchapter listed in section 71-0501 or under titles 5 through 15 inclusive\nand title 33 of this article or to prevent the violation by any person,\npublic or private, of any of the provisions thereof; and shall have the\npower to defend such actions, suits or proceedings as may arise through\nthe performance of any of the powers, duties or functions imposed upon\nhim or upon the department or any division thereof.\n 2. It shall be the duty of the Attorney General, when requested by the\ndepartment, to appoint an Assistant Attorney General, and such\nassistants as may be necessary and assign them to the department. Such\nAssistant Attorney General and assistants shall receive salaries, to be\nfixed by the Attorney General within the appropriation therefor. It\nshall be the duty of such assistant, in the name of the Attorney\nGeneral, to conduct all prosecutions for penalties imposed by the\nprovisions of this chapter listed in section 71-0501 or under titles 5\nthrough 15 inclusive and title 33 of this article and to bring all\nactions, suits and proceedings, which the department shall be authorized\nto institute and maintain, and to defend all actions, suits and\nproceedings brought against the department, its officers or employees of\nor on account of any act or any thing done by the said department, its\nofficers or employees when such act or thing was, in the opinion of the\nAttorney General, done in the discharge of any official duty or in\nreasonable exercise of authority.\n 3. No action, suit or proceeding in which the title to lands of the\nstate in forest preserve counties shall be involved shall be withdrawn\nor discontinued, nor shall judgment therein against the state be entered\non consent except on special permission of the court and after\napplication made in open court, on which application all the terms and\nconditions of the settlement shall be fully stated in writing and the\nreasons therefor set forth at length.\n