139-c. Removal of disqualification of public contractors by petition. 1. Any firm, partnership or corporation which has become subject to the cancellation or termination of a contract or disqualification to contract on account of the refusal of a member, partner, director or officer thereof to waive immunity when called to testify, as provided in sections one hundred thirty-nine-a and one hundred thirty-nine-b of this article, may, upon ten days' notice to the attorney general and to the officer who conducted the investigation before the grand jury, the head of a state department, the chairman of the temporary state commission or other state agency, or the organized crime task force in the department of law in which the refusal occurred, commence a special proceeding at a special term of the supreme court held within the judicial district in which the refusal occurred for an order discontinuing the disqualification. The petition shall set forth grounds, including that the cooperation by petitioner with the grand jury or other body which conducted the investigation at the time of the refusal was such, and the amount and degree of control and financial interest, if any, in the petitioning firm, partnership or corporation by the member, partner, officer or director who refused to waive immunity is such, that it will not be in the public interest to cancel or terminate petitioner's contracts or to continue the disqualification, as provided in sections one hundred thirty-nine-a and one hundred thirty-nine-b of this article.
A copy of the petition and accompanying papers shall be served with the notices to be given pursuant to this subdivision.
1-a. Any firm, partnership, or corporation which has become subject to the cancellation or termination of a contract or disqualification to contract on account of conviction of a crime defined in article two hundred or four hundred ninety-six or section 195.20 of the penal law, as provided in sections one hundred thirty-nine-a and one hundred thirty-nine-b of this article, may, upon thirty days' notice to the district attorney who conducted the action that led to the conviction, and the office of the state comptroller commence a special proceeding at a special term of the supreme court held within the judicial district in which the conviction was obtained for an order discontinuing such disqualification. The petition shall set forth the grounds, including that the firm, partnership, or corporation has taken sufficient actions to remove from responsibility officers and employees who engaged in the actions that formed the basis of the conviction, that the firm, partnership, or corporation has taken appropriate and sufficient actions to ensure that the actions that formed the basis of the conviction are unlikely to recur, and that it will not be in the public interest to cancel or terminate petitioner's contracts or to continue the disqualification, as provided in sections one hundred thirty-nine-a and one hundred thirty-nine-b of this article; provided further, at any time after such cancellation or disqualification any such firm, partnership or corporation may apply to the supreme court, upon notice as provided herein for an immediate termination of disqualification upon a reversal of the conviction upon which the debarment was imposed.
2. Upon the filing of such petition the court may stay as to petitioner, pending a decision upon the petition, the cancellation or termination of any contracts resulting from such refusal upon such terms as to notice or otherwise as may be just.
3. At least two days prior to the return day, the officer who conducted the investigation before the grand jury or other body and the attorney general may file answers to the petition or move for judgment dismissing the petition as a matter of law. On or before the return day the petitioner may file a reply to the answer.
4. Upon the return day the court may, upon the petition and answer and other papers filed, forthwith render such judgment as the case requires, or if a triable issue of fact is duly raised, it shall forthwith be tried before a court sitting without a jury or before a referee. The provisions of statute or rule governing references in an action shall apply to a reference under this subdivision.
5. The court shall render judgment dismissing the petition on the merits or discontinuing the disqualification upon the ground that the public interest would be served by its discontinuance, and granting such other relief as to the cancellation or termination of contracts as may be appropriate, but without costs to petitioner.
Last modified: February 3, 2019