N.Y. Executive Law § 298-a: Application of article to certain acts committed outside the state of New York

§ 298-a. Application of article to certain acts committed outside the

state of New York. 1. The provisions of this article shall apply as

hereinafter provided to an act committed outside this state against a

resident of this state or against a corporation organized under the laws

of this state or authorized to do business in this state, if such act

would constitute an unlawful discriminatory practice if committed within

this state.

2. If a resident person or domestic corporation violates any provision

of this article by virtue of the provisions of this section, this

article shall apply to such person or corporation in the same manner and

to the same extent as such provisions would have applied had such act

been committed within this state except that the penal provisions of

such article shall not be applicable.

3. If a non-resident person or foreign corporation violates any

provision of this article by virtue of the provisions of this section,

such person or corporation shall be prohibited from transacting any

business within this state. Except as otherwise provided in this

subdivision, the provisions of section two hundred ninety-seven of this

article governing the procedure for determining and processing unlawful

discriminatory practices shall apply to violations defined by this

subdivision insofar as such provisions are or can be made applicable. If

the division of human rights has reason to believe that a non-resident

person or foreign corporation has committed or is about to commit

outside of this state an act which if committed within this state would

constitute an unlawful discriminatory practice and that such act is in

violation of any provision of this article by virtue of the provisions

of this section, it shall serve a copy of the complaint upon such person

or corporation by personal service either within or without the state or

by registered mail, return receipt requested, directed to such person or

corporation at his or her or its last known place of residence or

business, together with a notice requiring such person or corporation to

appear at a hearing, specifying the time and place thereof, and to show

cause why a cease and desist order should not be issued against such

person or corporation. If such person or corporation shall fail to

appear at such hearing or does not show sufficient cause why such order

should not be issued, the division shall cause to be issued and served

upon such person or corporation an order to cease or desist from the act

or acts complained of. Failure to comply with any such order shall be

followed by the issuance by the division of an order prohibiting such

person or corporation from transacting any business within this state. A

person or corporation who or which transacts business in this state in

violation of any such order is guilty of a class A misdemeanor. Any

order issued pursuant to this subdivision may be vacated by the division

upon satisfactory proof of compliance with such order. All orders issued

pursuant to this subdivision shall be subject to judicial review in the

manner prescribed by article seventy-eight of the civil practice law and

rules.