N.Y. Public Service Law Section 26
Enforcement proceedings

Whenever the commission shall be of the opinion that a public utility company, corporation or person and the officers, agents or employees thereof is failing or omitting or is about to fail or omit to do anything required of it by any provision of this chapter or by order or regulation, adopted under the authority of this chapter or is doing anything or about to do anything, or permitting anything or about to permit anything to be done contrary to or in violation of any provision of this chapter or an order or regulation adopted pursuant to this chapter, the commission may direct counsel to the commission to commence an action or special proceeding in the supreme court in the name of the commission for the purpose of having such violations or threatened violations stopped and prevented. Counsel to the commission 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. Such other corporations or persons, as it shall seem to the court necessary or proper to join as parties in order to make its judgment effective may be joined as parties to the action or proceeding. The final judgment in any such action or special proceeding shall either dismiss the action or special proceeding, direct judgment as prayed for in the complaint or petition, or be in such other form as the court may determine is just and reasonable.

Source: Section 26 — Enforcement proceedings, https://www.­nysenate.­gov/legislation/laws/PBS/26 (updated Sep. 22, 2014; accessed Dec. 2, 2023).

Dec. 2, 2023

Last modified:
Sep. 22, 2014

§ 26’s source at nysenate​.gov

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