2006 New York Code - Violations; Sanctions.

 
    §  5-119.  Violations; sanctions.  1. Every person shall obey, observe
  and comply with the provisions of this chapter  and  with  every  order,
  rule  or  regulation issued or made pursuant to this chapter, so long as
  the same shall be and remain in  force.  Any  person  who  violates  any
  provision  of  this  chapter  or  who  fails, omits or neglects to obey,
  observe or comply with any order, rule or regulation issued pursuant  to
  this  chapter,  either personally or through an agent or employee, shall
  forfeit to the people of the state of New York a civil  penalty  not  to
  exceed  one  thousand  dollars for each and every offense or three times
  the profit received from each violation, whichever is greater, except to
  the extent that a different civil penalty is specifically  provided  for
  by  another provision of this chapter. Every violation pursuant thereto,
  shall be a separate  and  distinct  offense,  and,  in  the  case  of  a
  continuing  violation,  every  day's  continuance  thereof  shall  be  a
  separate and  distinct  offense,  except  to  the  extent  that  another
  provision of this chapter specifically provides otherwise.
    2.  At the request of the commissioner, the attorney general may bring
  an action or special proceeding to recover a civil penalty provided  for
  by this chapter in any court of competent jurisdiction in this state, in
  the  name  of  the people of the state of New York, except where another
  provision of this chapter specifically provides for a different means of
  recovering such penalty. A penalty may be released or  compromised,  and
  an  action  or  proceeding  to  recover  the  same  may  be  settled and
  discontinued,  by  the  attorney  general  with  the  consent   of   the
  commissioner.  In any action or proceeding pursuant to this section, all
  penalties incurred up to the time of commencing the same may be sued for
  and recovered therein, and the commencement of an action  or  proceeding
  shall  not  be  a  waiver of the right to recover any other penalty. All
  moneys recovered in any such action or  proceeding,  together  with  the
  costs  thereof,  shall  be paid into the state treasury to the credit of
  the general fund.
    3. Alternatively, or in addition to any action or  special  proceeding
  to  recover  a  civil penalty provided for by this chapter, the attorney
  general, at the request of the commissioner,  may  bring  an  action  or
  special  proceeding in any court of competent jurisdiction to enjoin the
  violation of any provision of  this  chapter,  or  any  order,  rule  or
  regulation   issued   pursuant  to  this  chapter,  and  to  seek  other
  appropriate relief, including  but  not  limited  to  abatement  of  the
  violation  and  restitution;  provided, however, that to the extent that
  another provision of this chapter specifically provides  for  injunctive
  or  other  appropriate  relief,  its terms shall apply to such action or
  proceeding. Upon a proper showing,  a  temporary  restraining  order,  a
  preliminary  injunction,  a  permanent  injunction and other appropriate
  relief shall be granted.