N.Y. Environmental Conservation Law § 71-0505: Suits and prosecution

§ 71-0505. Suits and prosecution.

1. The commissioner shall have the power to bring actions suits or

proceedings as in his judgment may be necessary or proper to perform any

of the powers, functions or duties imposed upon him or upon the

department or any division thereof by any of the provisions of this

chapter listed in section 71-0501 or under titles 5 through 15 inclusive

and title 33 of this article or to prevent the violation by any person,

public or private, of any of the provisions thereof; and shall have the

power to defend such actions, suits or proceedings as may arise through

the performance of any of the powers, duties or functions imposed upon

him or upon the department or any division thereof.

2. It shall be the duty of the Attorney General, when requested by the

department, to appoint an Assistant Attorney General, and such

assistants as may be necessary and assign them to the department. Such

Assistant Attorney General and assistants shall receive salaries, to be

fixed by the Attorney General within the appropriation therefor. It

shall be the duty of such assistant, in the name of the Attorney

General, to conduct all prosecutions for penalties imposed by the

provisions of this chapter listed in section 71-0501 or under titles 5

through 15 inclusive and title 33 of this article and to bring all

actions, suits and proceedings, which the department shall be authorized

to institute and maintain, and to defend all actions, suits and

proceedings brought against the department, its officers or employees of

or on account of any act or any thing done by the said department, its

officers or employees when such act or thing was, in the opinion of the

Attorney General, done in the discharge of any official duty or in

reasonable exercise of authority.

3. No action, suit or proceeding in which the title to lands of the

state in forest preserve counties shall be involved shall be withdrawn

or discontinued, nor shall judgment therein against the state be entered

on consent except on special permission of the court and after

application made in open court, on which application all the terms and

conditions of the settlement shall be fully stated in writing and the

reasons therefor set forth at length.