2013 New York Consolidated Laws
BNK - Banking
Article 2-AA - (75-A - 75-O) ATM SAFETY ACT
75-J - Civil penalties.

 
    § 75-j.  Civil  penalties.  1.  Any banking institution found to be in
  violation of any provision of section seventy-five-c of this article  in
  a  compliance  report  under  section  seventy-five-g of this article or
  otherwise found by the department to be in violation of any provision of
  section seventy-five-c of  this  article  shall  correct  the  violation
  within ten business days after such finding. Where a banking institution
  fails  to correct any violation of a provision of section seventy-five-c
  of this article within ten business days after the filing of such report
  or a finding of violation by the department, the superintendent may in a
  proceeding after notice and a hearing, require such banking  institution
  to  pay  a  civil penalty in an amount as determined pursuant to section
  forty-four of  this  chapter,  provided,  however,  that  the  aggregate
  penalty  for  all  offenses  with  respect  to  any one automated teller
  machine facility in any one proceeding shall not  exceed  an  amount  as
  determined  pursuant  to  section  forty-four  of  this chapter. For the
  purposes of this article, each violation of  section  seventy-five-c  of
  this article shall be considered a separate and distinct violation.
    2.  Any banking institution found to be in violation of the provisions
  of section seventy-five-g of this article shall be liable  for  a  civil
  penalty  in  an amount as determined pursuant to section forty-four-a of
  this chapter for each automated teller  machine  facility  for  which  a
  report  has  not  been  filed.  Any  banking  institution  which makes a
  material false statement  or  material  omission  in  any  report  filed
  pursuant to section seventy-five-g of this article shall be liable for a
  civil   penalty   in   an  amount  as  determined  pursuant  to  section
  forty-four-a of this chapter for each such report.
    3. Whenever payment of a civil penalty is required under this article,
  the superintendent shall execute a written order to that effect. A  copy
  of  such  order  shall  be  filed  in the office of the department and a
  second copy shall, within three days of execution, be served  upon  such
  banking  institution  either  personally  or  by registered or certified
  mail, return receipt requested, directed to  the  banking  institution's
  principal  place  of  business. Such order may be reviewed in the manner
  provided by article seventy-eight of the civil practice law  and  rules.
  Such  special  proceedings for review as authorized by such section must
  be commenced within thirty days from the service  of  such  order.  Such
  section  shall  in  no  way  limit  any  of  the  powers  granted to the
  superintendent under any provision of this chapter.