N.Y. State Finance Law Section 123-E
Relief by the court


1.

The court may grant equitable or declaratory relief, or both, including, but not limited to: enjoining the activity complained of; restitution to the state of those public funds disbursed or public property alienated; in the case of public property wrongfully alienated, compelling payment of the full market value; a declaration that a proposed disbursement or alienation of property would be illegal; and such other and further relief as to the court may seem just and proper.

2.

The court, at the commencement of an action pursuant to this article, or at any time subsequent thereto and prior to entry of judgment, upon application by the plaintiff or the attorney general on behalf of the people of the state, may grant a preliminary injunction and impose such terms and conditions as may be necessary to restrain the defendant if he or she threatens to commit or is committing an act or acts which, if committed or continued during the pendency of the action, would be detrimental to the public interest. A temporary restraining order may be granted pending a hearing for a preliminary injunction notwithstanding the requirements of Civil Practice Law & Rules Law § 6313 (Temporary restraining order)section six thousand three hundred thirteen of the civil practice law and rules, where it appears that immediate and irreparable injury, loss, or damage will result unless the defendant is restrained before a hearing can be had.

Source: Section 123-E — Relief by the court, https://www.­nysenate.­gov/legislation/laws/STF/123-E (updated Sep. 22, 2014; accessed Mar. 23, 2024).

Accessed:
Mar. 23, 2024

Last modified:
Sep. 22, 2014

§ 123-E’s source at nysenate​.gov

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