Section 123-B. Action for declaratory and equitable relief  


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  • 1.
      Notwithstanding any inconsistent provision of law, any person, who is  a
      citizen  taxpayer,  whether  or not such person is or may be affected or
      specially aggrieved by the activity herein referred to, may maintain  an
      action  for equitable or declaratory relief, or both, against an officer
      or employee of the state who in the course of  his  or  her  duties  has
      caused,  is  now  causing,  or is about to cause a wrongful expenditure,
      misappropriation,   misapplication,   or   any    other    illegal    or
      unconstitutional  disbursement  of state funds or state property, except
      that  the  provisions  of  this  subdivision  shall  not  apply  to  the
      authorization,  sale,  execution  or  delivery  of a bond issue or notes
      issued  in  anticipation  thereof  by   the   state   or   any   agency,
      instrumentality  or  subdivision thereof or by any public corporation or
      public benefit corporation.
        2. A plaintiff in such an action may join as  a  party  defendant  the
      recipient   or  intended  recipient  of  such  a  wrongful  expenditure,
      misappropriation,   misapplication,   or   any    other    illegal    or
      unconstitutional disbursement of state funds or state property.