2006 New York Code - Action For Declaratory And Equitable Relief.



 
    §   123-b.   Action   for   declaratory   and   equitable  relief.  1.
  Notwithstanding any inconsistent provision of law, any person, who is  a
  citizen  taxpayer,  whether  or not such person is or may be affected or
  specially aggrieved by the activity herein referred to, may maintain  an
  action  for equitable or declaratory relief, or both, against an officer
  or employee of the state who in the course of  his  or  her  duties  has
  caused,  is  now  causing,  or is about to cause a wrongful expenditure,
  misappropriation,   misapplication,   or   any    other    illegal    or
  unconstitutional  disbursement  of state funds or state property, except
  that  the  provisions  of  this  subdivision  shall  not  apply  to  the
  authorization,  sale,  execution  or  delivery  of a bond issue or notes
  issued  in  anticipation  thereof  by   the   state   or   any   agency,
  instrumentality  or  subdivision thereof or by any public corporation or
  public benefit corporation.
    2. A plaintiff in such an action may join as  a  party  defendant  the
  recipient   or  intended  recipient  of  such  a  wrongful  expenditure,
  misappropriation,   misapplication,   or   any    other    illegal    or
  unconstitutional disbursement of state funds or state property.

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