(a) by action or proceeding in accordance with the civil practice law
and rules, enforce all rights of the bondholders, including the right to
require the authority to carry out any other agreements with the holders
of such bonds to perform its duties under this title;
(b) bring an action or proceeding upon such bonds;
(c) by action or proceeding, require the authority to account as if it
were the trustee of an express trust for the holders of such bonds;
(d) by action or proceeding, enjoin any acts or things which may be
unlawful or in violation of the rights of the holders of such bonds; and
(e) declare all such bonds due and payable, and if all defaults shall
be made good, then with the consent of the holders of twenty-five
percent of the principal amount of such bonds then outstanding, annul
such declaration and its consequences.
3. Such trustee shall, in addition to the foregoing provisions of this
section, have and possess all of the powers necessary or appropriate for
the exercise of any functions specifically set forth in this section or
incident to the general representation of bondholders in the enforcement
and protection of their rights.
4. The state supreme court shall have jurisdiction of any action or
proceeding by the trustee on behalf of such bondholders. The venue of
any such action or proceeding shall be laid in the county.
5. Before declaring the principal of bonds due and payable, the
trustee shall first give thirty days notice in writing to the authority.
6. Any such trustee, whether or not the issue of bonds represented by
such trustee has been declared due and payable, shall be entitled as of
right to the appointment of a receiver of any part or parts of the
properties the revenues of which are pledged for the security of the
bonds of such issue, and, subject to any pledge or agreement with
holders of such bonds, such receiver may enter and take possession of
such part or parts of the properties and shall take possession of all
moneys and other property derived from such part or parts of such
properties and proceed with any construction thereon or the acquisition
of any property, real or personal, in connection therewith which the
authority is under obligation to do, and to operate, maintain and
reconstruct such part or parts of the properties and collect and receive
all revenues thereafter arising therefrom subject to any pledge thereof
or agreement with bondholders relating thereto and perform the public
duties and carry out the agreements and obligations of the authority
under the direction of the court. In any suit, action or proceeding by
the trustee, the fees, counsel fees and expenses of the trustee and of
the receiver, if any, shall constitute taxable disbursements and all
costs and disbursements allowed by the court shall be a first charge on
any revenues derived from the properties.
Structure New York Laws
Article 5 - Public Utility Authorities
Title 10-D - Nassau County Sewer and Storm Water Finance Authority
1232-C - Nassau County Sewer and Storm Water Finance Authority.
1232-D - Powers of the Authority.
1232-E - Advances on Behalf of the Authority; Transfer of Property to Authority.
1232-F - Governmental Capacity of the Authority and Municipalities.
1232-G - Bonds of the Authority.
1232-H - Remedies of Bondholders.
1232-I - State and County Not Liable on Authority Bonds.
1232-J - Moneys of the Authority.
1232-K - Bonds Legal Investments for Fiduciaries.
1232-L - Agreement of the State.
1232-M - Tax Exemption and Tax Contract by the State.
1232-N - Actions Against Authority.
1232-Q - Audit, Annual Report and Budget Review.
1232-S - Environmental Application, Proceedings, Approvals and Permits.