N.Y. CPLR § 1353

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1353 Civil remedies. 1 § 1353. Civil remedies. 1. Upon or after conviction of a person of anysubdivision of section 460.20 of the penal law, the court may, aftermaking due provision for the rights of innocent persons, enjoin futureactivity by the person so convicted or an enterprise he controls or inwhose control he participates upon a showing that injunctive action isnecessary to prevent further violation of that section. In such case thecourt may:(a) order the defendant to divest himself of any interest in aspecified enterprise;(b) impose reasonable restrictions upon the future activities orinvestments of the defendant, including prohibiting the defendant fromengaging in the same type of endeavor as the enterprise in which he wasengaged in violation of section 460.20 of the penal law;(c) order the dissolution of any enterprise he controls or thereorganization of any enterprise he controls or of which he participatesin the control;(d) order the suspension or revocation of a license, permit or priorapproval granted by any agency of the state or any political subdivisionthereof to the defendant or to any enterprise controlled by him or inwhose control he participates, provided however, that when the courtorders such license, permit or approval revoked or suspended for aperiod of more than two years, the court shall set a period of timewithin two years of the date of such revocation or suspension afterwhich the defendant or enterprise may petition the court to permit thedefendant or enterprise to request restoration or renewal of suchlicense, permit or approval, by the agency or board empowered to grantit, after notice to and hearing of the party who brought the action inwhich the revocation or suspension was ordered;(e) order the revocation of the certificate cy or board empowered to grantit, after notice to and hearing of the party who brought the action inwhich the revocation or suspension was ordered;(e) order the revocation of the certificate of incorporation of acorporation organized under the laws of the state in which the defendanthas a controlling interest or the revocation of authorization for aforeign corporation in which the defendant has a controlling interest toconduct business within the state upon a finding that the board ofdirectors or a high managerial agent acting on behalf of thecorporation, in conducting the affairs of the corporation, hasauthorized or engaged in activity made unlawful by section 460.20 of thepenal law and that such action is necessary for the prevention of futurecriminal activity made unlawful by section 460.20 of the penal law.2. The attorney general, the deputy attorney general in charge of thestatewide organized crime task force, or any district attorney mayinstitute civil proceedings in the supreme court under this section.Any action brought under this article shall constitute a specialproceeding. In any action brought under this article, the supreme courtshall proceed as soon as practicable to the hearing and determinationthereof. Pending final determination, the supreme court may, at anytime, enter such injunctions, prohibitions, or restraining orders ortake such actions, including the acceptance of satisfactory performancebonds, ordering of disclosure under article thirty-one of this chapter,or other action as the court may deem proper.