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This entry was published on 2014-09-22
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Actions or special proceedings by superintendent or attorney-general
§ 9-b. Actions or special proceedings by superintendent or


1. In addition to any action or special proceeding which may be
maintained by either of them under any other section of this chapter,
the superintendent or the attorney-general may maintain an action or
special proceeding:

(a) To annul the corporate existence or dissolve a corporation formed
under any article of this chapter or formed under any other statute or
special act having as its purpose or among its purposes a purpose for
which a corporation may be formed under this chapter that has acted
beyond its capacity or power or to restrain it from the doing of
unauthorized business.

(b) To annul the corporate existence or dissolve any such corporation
that has not been duly formed.

(c) To restrain any person or persons from acting as such a
corporation within this state without being duly incorporated or from
exercising in this state any corporate rights, privileges or franchises
not granted to them by the law of the state.

(d) To dissolve a corporation under section nine-c.

2. In any action or special proceeding brought under this section:

(a) If an action, it is triable by jury as a matter of right.

(b) The court may confer immunity in accordance with the provisions of
section 50.20 of the criminal procedure law.

(c) A temporary restraining order to restrain the commission or
continuance of the unlawful acts which form the basis of the action or
special proceeding may be granted upon proof, by affidavit, that the
defendant or defendants have committed or are about to commit such acts.
Application for such restraining order may be made ex parte or upon such
notice as the court may direct.

(d) When final judgment in such action or special proceeding is
rendered against the defendant or defendants, the court may direct the
costs to be collected by execution against any or all of the defendants
or by order of attachment or other process against the person of any
director or officer of a corporate defendant.

(e) In connection with any such proposed action or special proceeding
the superintendent or the attorney-general may take proof and issue
subpoenas in accordance with the civil practice law and rules.