N.Y. Mental Hygiene Law 16.21 – Injunctions
§ 16.21 Injunctions.
Terms Used In N.Y. Mental Hygiene Law 16.21
- commissioner: means the head of the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- office: means the office for people with developmental disabilities. See N.Y. Mental Hygiene Law 13.03
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
(a) The supreme court may, on application of the commissioner, enjoin violations or threatened violations of any provision of this article or violations of the regulations of the office established pursuant to this chapter. Upon request of the commissioner, the attorney general may maintain a proceeding in the supreme court in the name of the people of the state to enjoin any such violation, provided that notice of such violation or threatened violation and proposed referral to the attorney general has been given to the violator by mailing notice thereof to the last known address of the violator by registered mail. The court may, upon proof that such violation is one which may result in injury to any person, whether or not such person is a party to such action, grant a temporary restraining order upon such terms as may be just, pending the determination of the proceeding. No security on the part of the state shall be required.
(b) It shall be the duty of the attorney general upon the request of the commissioner to bring an action for an injunction against any person who violates, disobeys or disregards any term or provision of this chapter or of any lawful notice, order or regulation pursuant thereto; provided, however, that the commissioner shall furnish the attorney general with such material, evidentiary matter or proof as may be requested by the attorney general for the prosecution of such an action.