1. The Laws of New York
  2. Consolidated Laws
  3. Mental Hygiene
  4. Title E: General Provisions
  5. Article 31: Regulation and Quality Control of Services For the Mentally Disabled


Section 31.21 Injunction and temporary restraining order

Mental Hygiene (MHY)

  (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.