N.Y. Civil Practice Law & Rules § 1353: Civil remedies

§ 1353. Civil remedies. 1. Upon or after conviction of a person of any

subdivision of section 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:

(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 section 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 section 460.20 of the

penal law and that such action is necessary for the prevention of future

criminal activity made unlawful by section 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.