N.Y. Civil Practice Law and Rules 1353 – Civil remedies
§ 1353. Civil remedies. 1. Upon or after conviction of a person of any subdivision of § 460.20 of the penal law, the court may, after making due provision for the rights of innocent persons, enjoin future activity by the person so convicted or an enterprise he controls or in whose control he participates upon a showing that injunctive action is necessary to prevent further violation of that section. In such case the court may:
Terms Used In N.Y. Civil Practice Law and Rules 1353
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
(a) order the defendant to divest himself of any interest in a specified enterprise;
(b) impose reasonable restrictions upon the future activities or investments of the defendant, including prohibiting the defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of § 460.20 of the penal law;
(c) order the dissolution of any enterprise he controls or the reorganization of any enterprise he controls or of which he participates in the control;
(d) order the suspension or revocation of a license, permit or prior approval granted by any agency of the state or any political subdivision thereof to the defendant or to any enterprise controlled by him or in whose control he participates, provided however, that when the court orders such license, permit or approval revoked or suspended for a period of more than two years, the court shall set a period of time within two years of the date of such revocation or suspension after which the defendant or enterprise may petition the court to permit the defendant or enterprise to request restoration or renewal of such license, permit or approval, by the agency or board empowered to grant it, after notice to and hearing of the party who brought the action in which the revocation or suspension was ordered;
(e) order the revocation of the certificate of incorporation of a corporation organized under the laws of the state in which the defendant has a controlling interest or the revocation of authorization for a foreign corporation in which the defendant has a controlling interest to conduct business within the state upon a finding that the board of directors or a high managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in activity made unlawful by § 460.20 of the penal law and that such action is necessary for the prevention of future criminal activity made unlawful by § 460.20 of the penal law.
2. The attorney general, the deputy attorney general in charge of the statewide organized crime task force, or any district attorney may institute civil proceedings in the supreme court under this section. Any action brought under this article shall constitute a special proceeding. In any action brought under this article, the supreme court shall proceed as soon as practicable to the hearing and determination thereof. Pending final determination, the supreme court may, at any time, enter such injunctions, prohibitions, or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, ordering of disclosure under article thirty-one of this chapter, or other action as the court may deem proper.