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This entry was published on 2014-09-22
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Injunction and temporary restraining order
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 31
§ 31.21 Injunction and temporary restraining order.

(a) The supreme court may enjoin violations or threatened violations
of any provision of this article or violations of the regulations of the
department established pursuant to this article. Upon request of the
commissioner, the attorney general may maintain a proceeding in the
supreme court in the name of the people of the state to enjoin any such
violation, provided that notice of such violation or threatened
violation and proposed referral to the attorney general has been given
to the violator by mailing notice thereof to the last known address of
the violator by registered mail.

(b) If the proceeding is for the enforcement of a cease and desist
order issued after notice and hearing pursuant to the provisions of
section 31.19 of this article, the facts found by the commissioner shall
be conclusive if supported by substantial evidence.

(c) Notwithstanding any limitation in the civil practice law and
rules, such court may, on motion and affidavit, and upon proof that such
violation is one which reasonably may result in injury to any person,
whether or not such person is a party to such action, grant a temporary
restraining order upon such terms as may be just, pending the
determination of the proceeding. No security on the part of the state
shall be required.