N.Y. Banking Law § 75-j: Civil penalties

§ 75-j. Civil penalties. 1. Any banking institution found to be in

violation of any provision of section seventy-five-c of this article in

a compliance report under section seventy-five-g of this article or

otherwise found by the department to be in violation of any provision of

section seventy-five-c of this article shall correct the violation

within ten business days after such finding. Where a banking institution

fails to correct any violation of a provision of section seventy-five-c

of this article within ten business days after the filing of such report

or a finding of violation by the department, the superintendent may in a

proceeding after notice and a hearing, require such banking institution

to pay a civil penalty in an amount as determined pursuant to section

forty-four of this chapter, provided, however, that the aggregate

penalty for all offenses with respect to any one automated teller

machine facility in any one proceeding shall not exceed an amount as

determined pursuant to section forty-four of this chapter. For the

purposes of this article, each violation of section seventy-five-c of

this article shall be considered a separate and distinct violation.

2. Any banking institution found to be in violation of the provisions

of section seventy-five-g of this article shall be liable for a civil

penalty in an amount as determined pursuant to section forty-four-a of

this chapter for each automated teller machine facility for which a

report has not been filed. Any banking institution which makes a

material false statement or material omission in any report filed

pursuant to section seventy-five-g of this article shall be liable for a

civil penalty in an amount as determined pursuant to section

forty-four-a of this chapter for each such report.

3. Whenever payment of a civil penalty is required under this article,

the superintendent shall execute a written order to that effect. A copy

of such order shall be filed in the office of the department and a

second copy shall, within three days of execution, be served upon such

banking institution either personally or by registered or certified

mail, return receipt requested, directed to the banking institution's

principal place of business. Such order may be reviewed in the manner

provided by article seventy-eight of the civil practice law and rules.

Such special proceedings for review as authorized by such section must

be commenced within thirty days from the service of such order. Such

section shall in no way limit any of the powers granted to the

superintendent under any provision of this chapter.