New York Laws
Article 3 - Investigation; Practice and Procedure; Violations; Penalties.
44 - Prosecution for Penalties.

§ 44. Prosecution for penalties. 1. Whenever the commissioner shall
know or have reason to believe that any penalty has been incurred by any
person for a violation of any of the provisions of this chapter, or of
any other law the enforcement of which is within the jurisdiction of the
department, or of the rules of the department, or that any sum has been
forfeited by reason of any such violation, the commissioner may report
the facts to the attorney general who may cause an action or proceeding
to be brought in the name of the people for the recovery of the same.
Such action may be brought in the county where the defendant resides or
the violation, or any part thereof, occurred.

2. In an action for a penalty or forfeiture incurred by reason of the
violation of the provisions of this chapter, or of any other law the
enforcement of which is within the jurisdiction of the department, or of
the rules of the department, when the complaint charges a violation of
any two or more of such provisions, the plaintiff shall not be compelled
to elect between the counts under such different provisions but shall be
entitled to recover if it is found that a violation of any of such
provisions has been committed for which a penalty or forfeiture is
imposed.

3. If the defendant in such an action shall prove that during any
portion of the time for which it is sought to recover penalties or
forfeitures for a violation of a rule or order of the department, the
defendant was actually and in good faith prosecuting a suit, action or
proceeding before the department or in the courts to set aside such rule
or order, the court shall remit the penalties or forfeitures incurred
during the pendency of such action or proceeding.

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