Section 63-C. Action by the people for illegal receipt or disposition of public funds or other property  


Latest version.
  • 1. Where any money, funds,  credits,  or
      other  property, held or owned by the state, or held or owned officially
      or otherwise for  or  in  behalf  of  a  governmental  or  other  public
      interest, by a domestic, municipal, or other public corporation, or by a
      board,  officer, custodian, agency, or agent of the state, or of a city,
      county, town, village or other  division,  subdivision,  department,  or
      portion  of  the  state,  has  heretofore been, or is hereafter, without
      right obtained, received,  converted,  or  disposed  of,  an  action  to
      recover  the  same,  or  to recover damages or other compensation for so
      obtaining, receiving, paying, converting, or disposing of the  same,  or
      both,  may  be  maintained  by  the  state in any court of the state, or
      before any court or tribunal of the  United  States,  or  of  any  other
      state,  or  of  any  territory  of  the United States, or of any foreign
      country, having jurisdiction thereof, although a right of action for the
      same cause exists by law in some other public authority, and whether  an
      action  therefor  in  favor  of the latter is or is not pending when the
      action in favor of the state is commenced.   The attorney-general  shall
      commence  an action, suit or other judicial proceeding, as prescribed in
      this section, whenever he deems it for the interests of the state so  to
      do; or whenever he is so directed, in writing, by the governor.
        2.  Upon  the  commencement  by the state of any action, suit or other
      judicial proceeding, as prescribed in this section, the entire cause  of
      action,  including  the  title  to  the  money, funds, credits, or other
      property, with respect to which the suit or action is  brought,  and  to
      the  damages  or  other  compensation  recoverable  for  the  obtaining,
      receipt, payment, conversion or disposition thereof, if  not  previously
      so vested, is transferred to and becomes absolutely vested in the state.
        3.  Any court of the state in which an action is brought by the state,
      as prescribed in  this  section,  may  direct,  by  the  final  judgment
      therein,  or  by  a  subsequent  order,  that any money, funds, damages,
      credits, or other property, recovered by or  awarded  to  the  plaintiff
      therein,  which,  if  that  action  had not been brought, would not have
      vested in the state, be disposed of, as  justice  requires,  in  such  a
      manner  as to reinstate the lawful custody thereof, or to apply the same
      or the proceeds thereof to the objects and purposes for which they  were
      authorized  to  be  raised  or  procured;  after  paying  into the state
      treasury out of the proceeds of the recovery all  expenses  incurred  by
      the state in the action.
        4.  Any  corporation,  board, officer, custodian, agency, or agent, in
      behalf  of  any  city,  county,  town,  village,  or   other   division,
      subdivision,  department, or portion of the state, which was not a party
      to an action, brought as prescribed in this section, and which claims to
      be entitled to the custody or disposition of any of  the  money,  funds,
      damages,  credits,  or  other  property, recovered by, or awarded to the
      plaintiff, by the final judgment in the action, or any of  the  proceeds
      thereof,  and  not  disposed  of as prescribed in subdivision three, may
      bring a special proceeding against  the  attorney-general  at  any  time
      after  the actual collection of the money and its payment into the state
      treasury, or the actual receipt of the property by  the  state,  in  the
      supreme  court,  county  of  Albany, seeking disposition of the money or
      other property.