N.Y. Transportation Law § 132: Enforcement proceedings

§ 132. Enforcement proceedings. Whenever the commissioner shall find

that a common carrier subject to his supervision is failing or omitting

or about to fail or omit to do anything required of it by law or by

order of the commissioner, or is doing anything or about to do anything

or permitting anything or about to permit anything to be done, in

violation of law or of any order of the commissioner, he shall direct an

attorney employed by the department to commence an action or special

proceeding in the supreme court in the name of the commissioner for the

purpose of having such violations or threatened violations stopped and

prevented. Such attorney shall thereupon begin an action or special

proceeding alleging the violation complained of and praying for

appropriate relief. In case of default in answer or after answer, the

court shall immediately inquire into the facts and circumstances in such

manner as the court shall direct without other or formal pleadings, and

without respect to any technical requirement. Such other persons or

corporations as the court shall deem necessary or proper to join as

parties in order to make its judgment effective, may be joined as

parties upon application. The final judgment in any such action or

special proceeding shall either dismiss the action or special proceeding

or direct judgment as prayed for in the complaint or petition or in such

modified or other form as the court may determine will afford

appropriate relief.