§ 63-B — Action by attorney-general against usurper of office or franchise

New York § 63-B

• Jurisdiction: New York
• Law EXC: Executive
• Art. 5: Department of Law

Text

§ 63-b. Action by attorney-general against usurper of office or\nfranchise. 1. The attorney-general may maintain an action, upon his own\ninformation or upon the complaint of a private person, against a person\nwho usurps, intrudes into, or unlawfully holds or exercises within the\nstate a franchise or a public office, civil or military, or an office in\na domestic corporation. The attorney-general may set forth in the\ncomplaint, in his discretion, the name of the person rightfully entitled\nto the office and facts showing his right thereto. Judgment may be\nrendered upon the right of the defendant and of the party so alleged to\nbe entitled, or only upon the right of the defendant, as justice\nrequires. Where two or more persons claim to be entitled to the same\noffice or franchise, the attorney-general may bring the action against\nall to determine their respective rights thereto.\n 2. If the complaint sets forth the name of the person rightfully\nentitled to the office and the facts showing his right thereto, a\nprovisional order to arrest the defendant may be granted by the court if\nthe defendant by means of his usurpation or intrusion has received any\nfees or emoluments belonging to the office.\n 3. Where a defendant is adjudged to be guilty of usurping or intruding\ninto or unlawfully holding or exercising an office, franchise or\nprivilege, final judgment shall be rendered, ousting and excluding him\ntherefrom, and in favor of the state or the relator, as the case\nrequires, for the costs of the action. As a part of the final judgment\nin an action for usurping or intruding into or unlawfully holding or\nexercising an office, franchise or privilege, the court, in its\ndiscretion, also may award that the defendant, or, where there are two\nor more defendants, that one or more of them, pay to the state a fine\nnot exceeding two thousand dollars. The judgment for the fine may be\ndocketed and execution may be issued thereupon in favor of the state, as\nif it had been rendered in an action to recover the fine.\n 4. Where final judgment has been rendered upon the right and in favor\nof the person alleged in the complaint to be entitled to an office, he\nmay recover, by action against the defendant, the damages which he has\nsustained in consequence of the defendant's usurpation, intrusion into,\nunlawful holding or exercise of the office.\n