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N.Y. State Fin. Law § 123-b

Action for declaratory and equitable relief

Applied in 9 court decisions — leading case Matter of Town of Verona v. Cuomo (2015)

Most recently applied in Matter of 61 Crown St., LLC v. City of Kingston Common Council (November 2023)

2014-09-22

How often courts cite this section

20142020202330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 123-b. Action for declaratory and equitable relief. 1.\nNotwithstanding any inconsistent provision of law, any person, who is a\ncitizen taxpayer, whether or not such person is or may be affected or\nspecially aggrieved by the activity herein referred to, may maintain an\naction for equitable or declaratory relief, or both, against an officer\nor employee of the state who in the course of his or her duties has\ncaused, is now causing, or is about to cause a wrongful expenditure,\nmisappropriation, misapplication, or any other illegal or\nunconstitutional disbursement of state funds or state property, except\nthat the provisions of this subdivision shall not apply to the\nauthorization, sale, execution or delivery of a bond issue or notes\nissued in anticipation thereof by the state or any agency,\ninstrumentality or subdivision thereof or by any public corporation or\npublic benefit corporation.\n 2. A plaintiff in such an action may join as a party defendant the\nrecipient or intended recipient of such a wrongful expenditure,\nmisappropriation, misapplication, or any other illegal or\nunconstitutional disbursement of state funds or state property.\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.