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This entry was published on 2014-09-22
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SECTION 15.17
Enjoining violations
Arts and Cultural Affairs (ACA) CHAPTER 11-C, TITLE C, ARTICLE 15
§ 15.17. Enjoining violations. Any violation of this article or of
section 14.05, 14.06 or 14.07 of this chapter shall be deemed to be
unlawful for the purposes of invoking sections three hundred forty-nine
and three hundred fifty of article twenty-two-A of the general business
law, and any person who engages in repeated violations of this article
shall be deemed to have demonstrated the persistent fraud or illegality
necessary to invoke subdivision twelve of section sixty-three of the
executive law. The attorney general may bring an action pursuant to
article twenty-two-A of the general business law or a proceeding
pursuant to subdivision twelve of section sixty-three of the executive
law to enjoin violations of this article and seek restitution for any
person entitled thereto. In any such action or proceeding, the attorney
general may recover, in addition to any other relief provided in those
statutes, a civil penalty of not more than five hundred dollars to be
forfeited to the state, provided, however, that with respect to actions
brought pursuant to this section to which article twenty-two-A of the
general business law applies, the foregoing civil penalty shall be in
lieu of any penalty set forth therein. In connection with any such
proposed action or proceeding, the attorney general is authorized to
take proof and make a determination of the relevant facts, and to issue
subpoenas in accordance with the civil practice law and rules.