N.Y. Executive Law § 63-b: Action by attorney-general against usurper of office or franchise

§ 63-b. Action by attorney-general against usurper of office or

franchise. 1. The attorney-general may maintain an action, upon his own

information or upon the complaint of a private person, against a person

who usurps, intrudes into, or unlawfully holds or exercises within the

state a franchise or a public office, civil or military, or an office in

a domestic corporation. The attorney-general may set forth in the

complaint, in his discretion, the name of the person rightfully entitled

to the office and facts showing his right thereto. Judgment may be

rendered upon the right of the defendant and of the party so alleged to

be entitled, or only upon the right of the defendant, as justice

requires. Where two or more persons claim to be entitled to the same

office or franchise, the attorney-general may bring the action against

all to determine their respective rights thereto.

2. If the complaint sets forth the name of the person rightfully

entitled to the office and the facts showing his right thereto, a

provisional order to arrest the defendant may be granted by the court if

the defendant by means of his usurpation or intrusion has received any

fees or emoluments belonging to the office.

3. Where a defendant is adjudged to be guilty of usurping or intruding

into or unlawfully holding or exercising an office, franchise or

privilege, final judgment shall be rendered, ousting and excluding him

therefrom, and in favor of the state or the relator, as the case

requires, for the costs of the action. As a part of the final judgment

in an action for usurping or intruding into or unlawfully holding or

exercising an office, franchise or privilege, the court, in its

discretion, also may award that the defendant, or, where there are two

or more defendants, that one or more of them, pay to the state a fine

not exceeding two thousand dollars. The judgment for the fine may be

docketed and execution may be issued thereupon in favor of the state, as

if it had been rendered in an action to recover the fine.

4. Where final judgment has been rendered upon the right and in favor

of the person alleged in the complaint to be entitled to an office, he

may recover, by action against the defendant, the damages which he has

sustained in consequence of the defendant's usurpation, intrusion into,

unlawful holding or exercise of the office.