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New York Public Health - Article 45 - § 4502 Penalties

Legal Research Home > New York Laws > New York Public Health (PBH) > New York Public Health - Article 45 - § 4502 Penalties

 
    §  4502.  Penalties.  1. A violation of the provisions of this section
  shall constitute a  misdemeanor  and  upon  conviction  thereof  may  be
  punished  by  imprisonment for not longer than one year or a fine of not
  more than five thousand dollars or by both such fine and imprisonment.
    2. Whenever there shall be a violation of this section, an application
  also may be made by the attorney general in the name of  the  people  of
  the state of New York to a court or justice having jurisdiction to issue
  an  injunction,  and  upon notice to the defendant of not less than five
  days, to enjoin and restrain the continuance of such violation;  and  if
  it  shall  appear  to  the satisfaction of the court or justice that the
  defendant has, in fact, violated this  section,  an  injunction  may  be
  issued  by  such court or justice, enjoining and restraining any further
  violation, without requiring proof that any person has,  in  fact,  been
  injured  or  damaged  thereby. In any such proceeding the court may make
  allowances  to  the  attorney  general  as  provided  in  section  8303,
  subdivision  6  of  the civil practice law and rules. In connection with
  any such proposed application, the attorney  general  is  authorized  to
  take  proof  and make a determination of the relevant facts and to issue
  subpoenas in accordance with the civil practice law and rules.

Last modified: February 17, 2012