Section 1353. Civil remedies  


Latest version.
  • 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.