2012 New York Consolidated Laws
AGM - Agriculture & Markets
Article 21 - (252 - 258-R) Milk Control
258-E - Violations; remedies.

 
    § 258-e. Violations;  remedies. 1. The commissioner may institute such
  action at law or in equity as may appear necessary to enforce compliance
  with any provision of the statutes, rules and orders  committed  to  his
  administration,  and in addition to any other remedy under article three
  of this chapter or otherwise may  apply  for  relief  by  injunction  if
  necessary  to  protect  the  public  interest without being compelled to
  allege or prove that an adequate remedy at  law  does  not  exist.  Such
  application  may  be made to the supreme court in any district or county
  as provided in the civil practice law and rules, or to the supreme court
  in the third judicial district.
    2. In addition to remedies provided by subdivsion one of this section;
    Whenever the commissioner has reason to believe that  any  person  has
  been  or  is  engaged  in  conduct  which violates any provision of this
  article or of any regulation  promulgated  thereunder  he  may  issue  a
  complaint  specifying  the  charges  and  giving  reasonable notice of a
  hearing thereon.
    Whenever the commissioner has reason to believe that any milk  dealer,
  whether  licensed  or subject to license under this article, has been or
  is engaging in any conduct for  which  a  license  may  be  declined  or
  revoked  pursuant to section two hundred fifty-eight-c, the commissioner
  may issue a complaint  specifying  the  charges  and  giving  reasonable
  notice of a hearing thereon.
    The  person  so complained of shall appear and show cause why an order
  should not be entered by the commissioner requiring such person to cease
  and desist from the conduct charged, or to perform those acts which will
  constitute a discontinuance of the conduct charged. After due notice and
  opportunity of hearing or after default of such  person  to  appear  and
  proceed, if the commissioner shall find such person to have violated any
  provision of this article or any regulation promulgated thereunder or to
  have  engaged  in conduct for which a license may be declined or revoked
  pursuant to section two hundred fifty-eight-c, he shall enter  an  order
  requiring  such  person  to cease and desist from the acts, practices or
  omissions so found or to perform acts as aforesaid,  and  imposing  such
  civil  penalty  as he deems appropriate within the limits of subdivision
  four.
    3. The order of the commissioner issued pursuant to subdivision two of
  this  section  shall  be  final  subject  to  review  proceedings  under
  subdivision  five  of this section, and shall not be stayed by any court
  except as provided in such subdivision five. Upon failure of such person
  to obtain a stay as herein provided, the commissioner may apply  to  the
  supreme court of Albany county for an order directing compliance, and if
  such  order  is issued, any failure to obey such compliance order may be
  punished as a contempt of court.
    4.  Any  civil  penalty  imposed  by  an  order  issued  pursuant   to
  subdivision  two of this section shall be in an amount not less than one
  hundred dollars, or more than one thousand dollars for each violation of
  this article or any regulation promulgated  thereunder.  In  determining
  the  amount  of  any  penalty to be assessed under this subdivision, the
  commissioner shall consider, but not be limited to consideration of: (i)
  the seriousness of the violation for which the penalty is to be  imposed
  and  (ii)  the  nature  and  extent of any previous violations for which
  penalties have been assessed against the person.  Each  day's  violation
  may,  in  the  discretion of the commissioner, be deemed to constitute a
  separate offense. If, after the expiration  of  the  thirty  day  review
  period  prescribed  by subdivisions three and five of this section, such
  order has not been stayed by the  supreme  court  in  a  proceeding  for
  judicial review thereof, the commissioner may file with the clerk of any
  county  the  original or a certified copy of the order directing payment

  of a civil penalty, and thereupon the clerk shall enter in the  judgment
  docket,  in  the  column  for  judgment  debtors, the name of the person
  against whom the penalty was assessed by such order, and in  appropriate
  columns the amount of such person's liability for such penalty, together
  with  interests  and  costs, and the date that such order is filed. Upon
  such filing, the amount of the penalty so docketed shall become  a  lien
  upon  and bind the real and personal property of the person against whom
  it is issued in the same manner as  a  judgment  duly  docketed  in  the
  office  of such clerk, and the commissioner shall have the same remedies
  to enforce such liability as if a judgment in a court of record had been
  recovered against such person.
    5. Any person aggrieved  by  final  order  of  the  commissioner  made
  pursuant  to  this  section may within thirty days after service of such
  order upon him, institute a proceeding for a review thereof pursuant  to
  article  seventy-eight  of  the  civil practice law and rules; provided,
  however, that no stay shall be issued, unless applied for  within  seven
  days after the effective date and unless the applicant makes a clear and
  convincing  showing  of  present,  substantial  and  irreparable injury,
  clearly over-balancing the public interest in immediate compliance which
  is hereby declared as the policy of this act.