2010 New York Code
ENV - Environmental Conservation
Article 71 - ENFORCEMENT
Title 5 - (71-0501 - 71-0525) ENFORCEMENT OF PROVISIONS DERIVED FROM FORMER CONSERVATION LAW
71-0507 - Actions for penalties generally.

§ 71-0507. Actions for penalties generally.
    1.  Actions  for  penalties  for  violation  of any provisions of this
  chapter listed in section 71-0501 or under titles 5 through 15 inclusive
  and title 33 of this article, except as otherwise expressly provided,
    a. Shall be in the name of the "People of the State of New York";
    b. Must be brought on order of the department; and
    c. May  be  compromised,  settled  and  discontinued  as  provided  in
  sections 71-0505 and 71-0519 and subdivision 11 of section 11-0505.
    2. Such actions, if in justices' courts, may be brought in any town of
  the  county  in  which  the  penalty  is  incurred, or, if the defendant
  resides in another county, in any  town  of  the  county  in  which  the
  defendant resides.
    3.  Moneys  received  by  a  town  justice or a village justice in any
  action for a penalty brought under the provisions of this chapter listed
  in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
  the settlement or compromise thereof, or a fine for a violation  of  the
  provisions  of  this  chapter  listed  in  section  71-0501 and titles 5
  through 15 inclusive and title 33 of this article shall be paid  to  the
  State  Comptroller as provided in section 27 of the Town Law and section
  4-410 of the village  law.  From  the  moneys  so  received,  the  State
  Comptroller  shall  pay  all  lawful  fees for services rendered in such
  actions when instituted by order of the department or  upon  information
  of  a conservation officer, regional and assistant regional conservation
  officer, special game protector,  district  ranger,  forest  ranger,  or
  member  of  the  state  police.  The balance of such moneys arising from
  penalties under articles 11 or 13 or title 9 of this article or upon the
  settlement or compromise thereof or from fines for violations of any  of
  the provisions of articles 11 or 13 or title 9 of this article after the
  payment  of  lawful  fees  shall  be  credited by the Comptroller to the
  conservation fund. The Comptroller shall adjust and settle  his  account
  with the conservation fund in the manner provided by section 99-a of the
  State Finance Law. The balance of all other such moneys after payment of
  lawful fees shall be credited by the Comptroller to the general fund.
    4. All moneys received by any other person or court in an action for a
  penalty  brought  under the provisions of this chapter listed in section
  71-0501 and titles 5 through 15 inclusive and title 33 of  this  article
  or  upon the settlement or compromise thereof, or a fine for a violation
  of the provisions of this chapter listed in section 71-0501 and titles 5
  through 15 inclusive and title 33 of this article, shall be paid by such
  person or court to the  department  within  thirty  days  after  receipt
  thereof.  The  department  shall  pay the expenses of collection and the
  lawful fees of magistrates and  constables  for  services  performed  in
  criminal  actions  brought  upon  information of a conservation officer,
  regional and  assistant  regional  conservation  officer,  special  game
  protector,  district  ranger,  forest  ranger,  or  member  of the state
  police. Such moneys derived from fines or penalties  for  violations  of
  articles  11  or 13 or title 9 of this article or from the settlement or
  compromise thereof shall be paid by the department to  the  Commissioner
  of Taxation and Finance and credited to the conservation fund. All other
  moneys  so  received by the department shall be paid to the Commissioner
  of Taxation and Finance and credited to the general fund.