§ 31.21 — Injunction and temporary restraining order

New York § 31.21

• Jurisdiction: New York
• Law MHY: Mental Hygiene
• Title E: General Provisions
• Art. 31: Regulation and Quality Control of Services For the Mentally Disabled

Text

§ 31.21 Injunction and temporary restraining order.\n (a) The supreme court may enjoin violations or threatened violations\nof any provision of this article or violations of the regulations of the\ndepartment established pursuant to this article. Upon request of the\ncommissioner, the attorney general may maintain a proceeding in the\nsupreme court in the name of the people of the state to enjoin any such\nviolation, provided that notice of such violation or threatened\nviolation and proposed referral to the attorney general has been given\nto the violator by mailing notice thereof to the last known address of\nthe violator by registered mail.\n (b) If the proceeding is for the enforcement of a cease and desist\norder issued after notice and hearing pursuant to the provisions of\nsection 31.19 of this article, the facts found by the commissioner shall\nbe conclusive if supported by substantial evidence.\n (c) Notwithstanding any limitation in the civil practice law and\nrules, such court may, on motion and affidavit, and upon proof that such\nviolation is one which reasonably may result in injury to any person,\nwhether or not such person is a party to such action, grant a temporary\nrestraining order upon such terms as may be just, pending the\ndetermination of the proceeding. No security on the part of the state\nshall be required.\n