2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 72 - (7201 - 7205) RECOVERY OF PENALTY OR FORFEITURE
7201 - Action by state.


NY CPLR § 7201 (2012) What's This?
 
    §  7201.  Action by state. (a) Statutory penalty or forfeiture.  Where
  property has been forfeited or a penalty incurred to the state or to  an
  officer,  for its use, pursuant to statute, the attorney-general, or the
  district attorney of the county in which the action is triable, if  such
  an  action  has  not already been brought by the attorney-general, shall
  commence an action to recover the property or  penalty.  A  recovery  in
  such  an  action  bars  the recovery in any other action brought for the
  same cause.
    (b) Forfeiture on conviction for treason. Where personal  property  is
  forfeited  to  the  state upon a conviction of outlawry for treason, the
  attorney-general shall commence an action to recover the property or its
  value.
    (c) Forfeiture of recognizance. Where the condition of a  recognizance
  is broken, the recognizance is wholly forfeited by an order of the court
  directing  its  prosecution.    Where  a  recognizance  to  the state is
  forfeited, it is not necessary to allege or prove any damages.

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