N.Y. Civil Service Law § 102: Court proceedings

§ 102. Court proceedings. 1. Action to restrain illegal payment of

salary or compensation. Any taxpayer as defined in subdivision two

hereof shall have the right to bring an action in the supreme court to

declare illegal or restrain payment of salary or compensation to any

person appointed to or holding any office, place or employment in

violation of any of the constitutions or provisions of this chapter, and

such right shall not be limited or denied by reason of the fact that

said office, place or employment shall have been classified as, or

determined to be, not subject to competitive examination; provided,

however, that any judgment or injunction granted or made in any such

action shall be prospective only, and shall not affect payments already

made or due to such persons by the proper disbursing officers in

accordance with the civil service rules in force at the time of such

payments.

2. Action to recover sums illegally paid from appointing and fiscal

officers. Any sums paid contrary to the provisions of section one

hundred of this chapter may be recovered from any officer or officers by

whom the person or persons receiving the same were appointed in

violation of the provisions of law and of the rules made in pursuance of

law, or any officer signing or countersigning or authorizing the signing

or countersigning of any warrant for the payment of the same, and from

the sureties on the official bond of such officer or officers in an

action in the supreme court maintained by a citizen resident of the

state, who is assessed for and is liable to pay, or within one year

before the commencement of the action has paid a tax therein, or by the

state civil service commission or the municipal civil service commission

having jurisdiction. It shall be the duty of the attorney general or of

the appropriate law officer of the civil division wherein such sums were

illegally paid, to prosecute such action upon the request of the state

civil service commission or department or the municipal civil service

commission having jurisdiction as the case may be. All moneys recovered

in any such action shall, when collected, be paid into the treasury of

the state or the civil division, as the case may be, except that if such

action is maintained by a taxpayer, he shall be entitled to receive for

his own use the taxable costs of such action.

3. Action to enjoin violation of the civil service law. The state

civil service commission or the municipal civil service commission

having jurisdiction, as the case may be, may maintain an action in the

supreme court to enjoin any violation of the civil service law or the

rules established thereunder, and for such incidental relief as may be

necessary. It shall be the duty of the attorney general, or of the

appropriate law officer of the civil division wherein such violation

occurs, as the case may be, to commence and maintain such action upon

the request of the state civil service commission or the municipal civil

service commission having jurisdiction, as the case may be.