2010 New York Code
EXC - Executive
Article 5 - (60 - 74) 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.