N.Y. Energy Law § 5-119: Violations; sanctions

§ 5-119. Violations; sanctions. 1. Every person shall obey, observe

and comply with the provisions of this chapter and with every order,

rule or regulation issued or made pursuant to this chapter, so long as

the same shall be and remain in force. Any person who violates any

provision of this chapter or who fails, omits or neglects to obey,

observe or comply with any order, rule or regulation issued pursuant to

this chapter, either personally or through an agent or employee, shall

forfeit to the people of the state of New York a civil penalty not to

exceed one thousand dollars for each and every offense or three times

the profit received from each violation, whichever is greater, except to

the extent that a different civil penalty is specifically provided for

by another provision of this chapter. Every violation pursuant thereto,

shall be a separate and distinct offense, and, in the case of a

continuing violation, every day's continuance thereof shall be a

separate and distinct offense, except to the extent that another

provision of this chapter specifically provides otherwise.

2. At the request of the commissioner, the attorney general may bring

an action or special proceeding to recover a civil penalty provided for

by this chapter in any court of competent jurisdiction in this state, in

the name of the people of the state of New York, except where another

provision of this chapter specifically provides for a different means of

recovering such penalty. A penalty may be released or compromised, and

an action or proceeding to recover the same may be settled and

discontinued, by the attorney general with the consent of the

commissioner. In any action or proceeding pursuant to this section, all

penalties incurred up to the time of commencing the same may be sued for

and recovered therein, and the commencement of an action or proceeding

shall not be a waiver of the right to recover any other penalty. All

moneys recovered in any such action or proceeding, together with the

costs thereof, shall be paid into the state treasury to the credit of

the general fund.

3. Alternatively, or in addition to any action or special proceeding

to recover a civil penalty provided for by this chapter, the attorney

general, at the request of the commissioner, may bring an action or

special proceeding in any court of competent jurisdiction to enjoin the

violation of any provision of this chapter, or any order, rule or

regulation issued pursuant to this chapter, and to seek other

appropriate relief, including but not limited to abatement of the

violation and restitution; provided, however, that to the extent that

another provision of this chapter specifically provides for injunctive

or other appropriate relief, its terms shall apply to such action or

proceeding. Upon a proper showing, a temporary restraining order, a

preliminary injunction, a permanent injunction and other appropriate

relief shall be granted.