Section 15.17. Enjoining violations  


Latest version.
  • Any  violation  of this article or of
      section 14.05, 14.06 or 14.07 of this chapter  shall  be  deemed  to  be
      unlawful  for the purposes of invoking sections three hundred forty-nine
      and three hundred fifty of article twenty-two-A of the general  business
      law,  and  any person who engages in repeated violations of this article
      shall be deemed to have demonstrated the persistent fraud or  illegality
      necessary  to  invoke  subdivision  twelve of section sixty-three of the
      executive law. The attorney general may  bring  an  action  pursuant  to
      article  twenty-two-A  of  the  general  business  law  or  a proceeding
      pursuant to subdivision twelve of section sixty-three of  the  executive
      law  to  enjoin  violations of this article and seek restitution for any
      person entitled thereto. In any such action or proceeding, the  attorney
      general  may  recover, in addition to any other relief provided in those
      statutes, a civil penalty of not more than five hundred  dollars  to  be
      forfeited  to the state, provided, however, that with respect to actions
      brought pursuant to this section to which article  twenty-two-A  of  the
      general  business  law  applies, the foregoing civil penalty shall be in
      lieu of any penalty set forth  therein.  In  connection  with  any  such
      proposed  action  or  proceeding,  the attorney general is authorized to
      take proof and make a determination of the relevant facts, and to  issue
      subpoenas in accordance with the civil practice law and rules.