N.Y. Labor Law § 103: Limited review of provisions of chapter and of rules, regulations and orders

§ 103. Limited review of provisions of chapter and of rules,

regulations and orders. 1. Every provision of this chapter and of the

rules and regulations made in pursuance thereof, and every order

directing compliance therewith, shall be valid unless declared invalid

in a proceeding brought under the provisions of this chapter. Except as

otherwise provided in this chapter, no court shall have jurisdiction to

review or annul any such provision, rule, regulation or order or to

restrain or interfere with its enforcement.

2. Every such provision, rule, regulation or order shall in a

prosecution or action to impose a penalty for its violation be deemed

valid unless prior thereto such provision, rule, regulation or order has

been revoked or modified by the board or annulled by a court, or unless

a proceeding under this article is pending, in which case the

prosecution or action shall be stayed by the court pending the final

determination thereof. If any such prosecution or action is commenced

against a defendant who has not previously been served with an order to

comply with such provision, rule, regulation or order or who has been

served with such an order but has not had a reasonable opportunity to

comply therewith, and if within five days the defendant commences

proceedings under the provisions of this article, the prosecution or

action shall be stayed as if such proceeding were pending at the time it

was commenced. The provisions in this subdivision relating to court

stays shall be subject to any provision in any other section of this

chapter relating to stays of proceedings or actions.