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This entry was published on 2014-09-22
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SECTION 1353
Civil remedies
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-B
§ 1353. Civil remedies. 1. Upon or after conviction of a person of any
subdivision of section 460.20 of the penal law, the court may, after
making due provision for the rights of innocent persons, enjoin future
activity by the person so convicted or an enterprise he controls or in
whose control he participates upon a showing that injunctive action is
necessary to prevent further violation of that section. In such case the
court may:

(a) order the defendant to divest himself of any interest in a
specified enterprise;

(b) impose reasonable restrictions upon the future activities or
investments of the defendant, including prohibiting the defendant from
engaging in the same type of endeavor as the enterprise in which he was
engaged in violation of section 460.20 of the penal law;

(c) order the dissolution of any enterprise he controls or the
reorganization of any enterprise he controls or of which he participates
in the control;

(d) order the suspension or revocation of a license, permit or prior
approval granted by any agency of the state or any political subdivision
thereof to the defendant or to any enterprise controlled by him or in
whose control he participates, provided however, that when the court
orders such license, permit or approval revoked or suspended for a
period of more than two years, the court shall set a period of time
within two years of the date of such revocation or suspension after
which the defendant or enterprise may petition the court to permit the
defendant or enterprise to request restoration or renewal of such
license, permit or approval, by the agency or board empowered to grant
it, after notice to and hearing of the party who brought the action in
which the revocation or suspension was ordered;

(e) order the revocation of the certificate of incorporation of a
corporation organized under the laws of the state in which the defendant
has a controlling interest or the revocation of authorization for a
foreign corporation in which the defendant has a controlling interest to
conduct business within the state upon a finding that the board of
directors or a high managerial agent acting on behalf of the
corporation, in conducting the affairs of the corporation, has
authorized or engaged in activity made unlawful by section 460.20 of the
penal law and that such action is necessary for the prevention of future
criminal activity made unlawful by section 460.20 of the penal law.

2. The attorney general, the deputy attorney general in charge of the
statewide organized crime task force, or any district attorney may
institute civil proceedings in the supreme court under this section.
Any action brought under this article shall constitute a special
proceeding. In any action brought under this article, the supreme court
shall proceed as soon as practicable to the hearing and determination
thereof. Pending final determination, the supreme court may, at any
time, enter such injunctions, prohibitions, or restraining orders or
take such actions, including the acceptance of satisfactory performance
bonds, ordering of disclosure under article thirty-one of this chapter,
or other action as the court may deem proper.