N.Y. Agriculture & Markets Law § 38: When injunction may be obtained

§ 38. When injunction may be obtained. In an action in the supreme

court or county court for the recovery of a penalty or forfeiture

incurred for the violation of any of the provisions of this chapter, or

of any other law the enforcement of which is within the jurisdiction of

the department, or of the rules of the department, an application may be

made on the part of the people to the court or any justice thereof or to

the county judge if the defendant be a resident of such county for an

injunction to restrain the defendant, his agents and employees from the

further violation of such provisions. The court or justice to whom such

application is made, shall grant such injunction on proof, by affidavit,

that the defendant has been guilty of the violations alleged in the

complaint, or of a violation of any such provision subsequent to the

commencement of the action. No security on the part of the plaintiff

shall be required, and costs of the application may be granted or

refused in the discretion of the court or justice. If the plaintiff

shall recover judgment in the action for any penalty or forfeiture

demanded in the complaint, the judgment shall contain a permanent

injunction, restraining the defendant, his agents and employees from any

further violation of such provision of this chapter or of any other law

the enforcement of which is within the jurisdiction of the department or

of the rules of the department. Any injunction, order or judgment

obtained under this section may be served on the defendant by posting

the same upon the outer door of the defendant's usual place of business,

or where such violation was or is committed, or in the manner required

by the civil practice act, and the rules and practice of the court.

Personal service of the injunction shall not be necessary when such

service cannot be secured with reasonable diligence, but the service

herein provided shall be deemed sufficient in any proceeding for the

violation of such injunction.