New York Laws
Article 5 - Department of Law
63-B - Action by Attorney-General Against Usurper of Office or Franchise.

§ 63-b. Action by attorney-general against usurper of office or
franchise. 1. The attorney-general may maintain an action, upon his own
information or upon the complaint of a private person, against a person
who usurps, intrudes into, or unlawfully holds or exercises within the
state a franchise or a public office, civil or military, or an office in
a domestic corporation. The attorney-general may set forth in the
complaint, in his discretion, the name of the person rightfully entitled
to the office and facts showing his right thereto. Judgment may be
rendered upon the right of the defendant and of the party so alleged to
be entitled, or only upon the right of the defendant, as justice
requires. Where two or more persons claim to be entitled to the same
office or franchise, the attorney-general may bring the action against
all to determine their respective rights thereto.

2. If the complaint sets forth the name of the person rightfully
entitled to the office and the facts showing his right thereto, a
provisional order to arrest the defendant may be granted by the court if
the defendant by means of his usurpation or intrusion has received any
fees or emoluments belonging to the office.

3. Where a defendant is adjudged to be guilty of usurping or intruding
into or unlawfully holding or exercising an office, franchise or
privilege, final judgment shall be rendered, ousting and excluding him
therefrom, and in favor of the state or the relator, as the case
requires, for the costs of the action. As a part of the final judgment
in an action for usurping or intruding into or unlawfully holding or
exercising an office, franchise or privilege, the court, in its
discretion, also may award that the defendant, or, where there are two
or more defendants, that one or more of them, pay to the state a fine
not exceeding two thousand dollars. The judgment for the fine may be
docketed and execution may be issued thereupon in favor of the state, as
if it had been rendered in an action to recover the fine.

4. Where final judgment has been rendered upon the right and in favor
of the person alleged in the complaint to be entitled to an office, he
may recover, by action against the defendant, the damages which he has
sustained in consequence of the defendant's usurpation, intrusion into,
unlawful holding or exercise of the office.