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N.Y. C.P.L.R. 7201

Action by state

2014-09-22

§ 7201. Action by state. (a) Statutory penalty or forfeiture. Where\nproperty has been forfeited or a penalty incurred to the state or to an\nofficer, for its use, pursuant to statute, the attorney-general, or the\ndistrict attorney of the county in which the action is triable, if such\nan action has not already been brought by the attorney-general, shall\ncommence an action to recover the property or penalty. A recovery in\nsuch an action bars the recovery in any other action brought for the\nsame cause.\n (b) Forfeiture on conviction for treason. Where personal property is\nforfeited to the state upon a conviction of outlawry for treason, the\nattorney-general shall commence an action to recover the property or its\nvalue.\n (c) Forfeiture of recognizance. Where the condition of a recognizance\nis broken, the recognizance is wholly forfeited by an order of the court\ndirecting its prosecution. Where a recognizance to the state is\nforfeited, it is not necessary to allege or prove any damages.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.