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This entry was published on 2014-09-22
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Action to recover penalties or forfeitures
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 24. Action to recover penalties or forfeitures. An action to
recover a penalty or a forfeiture under this chapter or to enforce the
powers of the commission may be brought in any court of competent
jurisdiction in this state in the name of the people of the state of New
York, and shall be commenced and prosecuted to final judgment by the
commission. In any such action all penalties and forfeitures incurred up
to the time of commencing the same may be sued for and recovered
therein, and the commencement of an action to recover a penalty or
forfeiture shall not be, or be held to be, a waiver of the right to
recover any other penalty or forfeiture; if the defendant in such action
shall prove that during any portion of the time for which it is sought
to recover penalties or forfeitures for a violation of an order or
regulation of the commission the defendant was actually and in good
faith prosecuting a suit, action or proceeding in the courts to set
aside such order or regulation, the court shall remit the penalties or
forfeitures incurred during the pendency of such suit, action or
proceeding. All moneys recovered in any such action, together with the
costs thereof, shall be paid into the state treasury to the credit of
the general fund. Any such action may be compromised or discontinued on
application of the commission upon such terms as the court shall approve
and order. An action may be maintained by the commission for the whole
or any part of the penalties or forfeitures prescribed in this chapter,
and judgment may be rendered for the amount demanded in the complaint,
or for any less amount, as justice may require.