§ 132 — Enforcement proceedings

New York § 132

• Jurisdiction: New York
• Law TRA: Transportation
• Art. 5: The Powers of the Commissioner In Respect to Common Carriers

Text

§ 132. Enforcement proceedings. Whenever the commissioner shall find\nthat a common carrier subject to his supervision is failing or omitting\nor about to fail or omit to do anything required of it by law or by\norder of the commissioner, or is doing anything or about to do anything\nor permitting anything or about to permit anything to be done, in\nviolation of law or of any order of the commissioner, he shall direct an\nattorney employed by the department to commence an action or special\nproceeding in the supreme court in the name of the commissioner for the\npurpose of having such violations or threatened violations stopped and\nprevented. Such attorney shall thereupon begin an action or special\nproceeding alleging the violation complained of and praying for\nappropriate relief. In case of default in answer or after answer, the\ncourt shall immediately inquire into the facts and circumstances in such\nmanner as the court shall direct without other or formal pleadings, and\nwithout respect to any technical requirement. Such other persons or\ncorporations as the court shall deem necessary or proper to join as\nparties in order to make its judgment effective, may be joined as\nparties upon application. The final judgment in any such action or\nspecial proceeding shall either dismiss the action or special proceeding\nor direct judgment as prayed for in the complaint or petition or in such\nmodified or other form as the court may determine will afford\nappropriate relief.\n