§ 123-E — Relief by the court

New York § 123-E

• Jurisdiction: New York
• Law STF: State Finance
• Art. 7-A: Citizen-taxpayer Actions

Text

§ 123-e. Relief by the court. 1. The court may grant equitable or\ndeclaratory relief, or both, including, but not limited to: enjoining\nthe activity complained of; restitution to the state of those public\nfunds disbursed or public property alienated; in the case of public\nproperty wrongfully alienated, compelling payment of the full market\nvalue; a declaration that a proposed disbursement or alienation of\nproperty would be illegal; and such other and further relief as to the\ncourt may seem just and proper.\n 2. The court, at the commencement of an action pursuant to this\narticle, or at any time subsequent thereto and prior to entry of\njudgment, upon application by the plaintiff or the attorney general on\nbehalf of the people of the state, may grant a preliminary injunction\nand impose such terms and conditions as may be necessary to restrain the\ndefendant if he or she threatens to commit or is committing an act or\nacts which, if committed or continued during the pendency of the action,\nwould be detrimental to the public interest. A temporary restraining\norder may be granted pending a hearing for a preliminary injunction\nnotwithstanding the requirements of section six thousand three hundred\nthirteen of the civil practice law and rules, where it appears that\nimmediate and irreparable injury, loss, or damage will result unless the\ndefendant is restrained before a hearing can be had.\n