2006 New York Code - Settlements.

 
    §  20-704  Settlements.  a.  In  lieu  of instituting or continuing an
  action pursuant to this subchapter, the commissioner may accept  written
  assurance  of discontinuance of any act or practice in violation of this
  subchapter from the person or persons who have engaged in such  acts  or
  practices.  Such  assurance  may  include  a  stipulation  for voluntary
  payment  by  the  violator  of  the  costs  of  investigation   by   the
  commissioner  and  may also include a stipulation for the restitution by
  the violator to consumers, of money, property or other  things  received
  from  them  in connection with a violation of this subchapter, including
  money necessarily expended in  the  course  of  making  and  pursuing  a
  complaint to the commissioner. All settlements shall be made a matter of
  public  record.  If  such stipulation applies to consumers who have been
  affected by the violator's practices but have not yet complained to  the
  commissioner,  the  assurance must be approved by the court, which shall
  direct the minimum means by which potential claimants shall be  notified
  of  the  stipulation. A consumer need not accept restitution pursuant to
  such a stipulation; his or her acceptance  shall  bar  recovery  of  any
  other  damages  in  any  action  by  him or her against the defendant or
  defendants on account of the same acts or practices.
    b. Violation of an assurance entered into  pursuant  to  this  section
  shall  be treated as a violation of this subchapter and shall be subject
  to all the penalties provided therefor.