N.Y. CPLR § 7201
N.Y. CPLR § 7201 - Action by State (2024)
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NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7201 Action by state § 7201. Action by state. (a) Statutory penalty or forfeiture. Whereproperty has been forfeited or a penalty incurred to the state or to anofficer, for its use, pursuant to statute, the attorney-general, or thedistrict attorney of the county in which the action is triable, if suchan action has not already been brought by the attorney-general, shallcommence an action to recover the property or penalty. A recovery insuch an action bars the recovery in any other action brought for thesame cause.(b) Forfeiture on conviction for treason. Where personal property isforfeited to the state upon a conviction of outlawry for treason, theattorney-general shall commence an action to recover the property or itsvalue.(c) Forfeiture of recognizance. Where the condition of a recognizanceis broken, the recognizance is wholly forfeited by an order of the courtdirecting its prosecution. Where a recognizance to the state isforfeited, it is not necessary to allege or prove any damages.