State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 122

§  122. Control of fiscal transactions and recovery of debts.  All the  fiscal  transactions  and  dealings  on  account  of  each  correctional  facility  shall  be  conducted  by and in the name of the superintendent  thereof, who shall have control over all matters of finance relating  to  such   facility,  subject  to  the  direction  and  supervision  of  the  commissioner of correction. Such superintendent shall be capable in  law  of  suing  in  all  courts and places, and in all matters concerning the  facility, by his name of office, and by that name shall be authorized to  sue for and recover all sums of money due from any person to any  former  agent, agent and superintendent or superintendent of the facility, or to  the  people  of this state on account of such facility. But it shall not  be lawful in any such suit or action for any defendant to plead or  give  in  evidence  any  offset or matter by way of recoupment or counterclaim  except for payments made, and not credited  to  such  defendant,  or  to  recover  any judgment against such superintendent in such suit or action  other than for the costs and disbursements therein. Each  superintendent  shall  enforce  the  payment  of all debts due to the facility under his  charge with as little delay as possible, but subject to the  approbation  of  the  commissioner of correction, he may accept any security from any  debtor on granting him time, that he may deem conducive to the interests  of the state. The commissioner of correction or any person authorized in  the rules and regulations of the department may at any time exercise the  powers granted to a superintendent hereunder.

State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 122

§  122. Control of fiscal transactions and recovery of debts.  All the  fiscal  transactions  and  dealings  on  account  of  each  correctional  facility  shall  be  conducted  by and in the name of the superintendent  thereof, who shall have control over all matters of finance relating  to  such   facility,  subject  to  the  direction  and  supervision  of  the  commissioner of correction. Such superintendent shall be capable in  law  of  suing  in  all  courts and places, and in all matters concerning the  facility, by his name of office, and by that name shall be authorized to  sue for and recover all sums of money due from any person to any  former  agent, agent and superintendent or superintendent of the facility, or to  the  people  of this state on account of such facility. But it shall not  be lawful in any such suit or action for any defendant to plead or  give  in  evidence  any  offset or matter by way of recoupment or counterclaim  except for payments made, and not credited  to  such  defendant,  or  to  recover  any judgment against such superintendent in such suit or action  other than for the costs and disbursements therein. Each  superintendent  shall  enforce  the  payment  of all debts due to the facility under his  charge with as little delay as possible, but subject to the  approbation  of  the  commissioner of correction, he may accept any security from any  debtor on granting him time, that he may deem conducive to the interests  of the state. The commissioner of correction or any person authorized in  the rules and regulations of the department may at any time exercise the  powers granted to a superintendent hereunder.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Cor > Article-6 > 122

§  122. Control of fiscal transactions and recovery of debts.  All the  fiscal  transactions  and  dealings  on  account  of  each  correctional  facility  shall  be  conducted  by and in the name of the superintendent  thereof, who shall have control over all matters of finance relating  to  such   facility,  subject  to  the  direction  and  supervision  of  the  commissioner of correction. Such superintendent shall be capable in  law  of  suing  in  all  courts and places, and in all matters concerning the  facility, by his name of office, and by that name shall be authorized to  sue for and recover all sums of money due from any person to any  former  agent, agent and superintendent or superintendent of the facility, or to  the  people  of this state on account of such facility. But it shall not  be lawful in any such suit or action for any defendant to plead or  give  in  evidence  any  offset or matter by way of recoupment or counterclaim  except for payments made, and not credited  to  such  defendant,  or  to  recover  any judgment against such superintendent in such suit or action  other than for the costs and disbursements therein. Each  superintendent  shall  enforce  the  payment  of all debts due to the facility under his  charge with as little delay as possible, but subject to the  approbation  of  the  commissioner of correction, he may accept any security from any  debtor on granting him time, that he may deem conducive to the interests  of the state. The commissioner of correction or any person authorized in  the rules and regulations of the department may at any time exercise the  powers granted to a superintendent hereunder.