State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 132

§ 132. Enforcement  proceedings.  Whenever the commissioner shall find  that a common carrier subject to his supervision is failing or  omitting  or  about  to  fail  or  omit to do anything required of it by law or by  order of the commissioner, or is doing anything or about to do  anything  or  permitting  anything  or  about  to  permit  anything to be done, in  violation of law or of any order of the commissioner, he shall direct an  attorney employed by the department to commence  an  action  or  special  proceeding  in the supreme court in the name of the commissioner for the  purpose of having such violations or threatened violations  stopped  and  prevented.  Such  attorney  shall  thereupon  begin an action or special  proceeding  alleging  the  violation  complained  of  and  praying   for  appropriate  relief.   In case of default in answer or after answer, the  court shall immediately inquire into the facts and circumstances in such  manner as the court shall direct without other or formal pleadings,  and  without  respect  to  any  technical  requirement. Such other persons or  corporations as the court shall deem necessary  or  proper  to  join  as  parties  in  order  to  make  its  judgment  effective, may be joined as  parties upon application. The final  judgment  in  any  such  action  or  special proceeding shall either dismiss the action or special proceeding  or direct judgment as prayed for in the complaint or petition or in such  modified   or  other  form  as  the  court  may  determine  will  afford  appropriate relief.

State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 132

§ 132. Enforcement  proceedings.  Whenever the commissioner shall find  that a common carrier subject to his supervision is failing or  omitting  or  about  to  fail  or  omit to do anything required of it by law or by  order of the commissioner, or is doing anything or about to do  anything  or  permitting  anything  or  about  to  permit  anything to be done, in  violation of law or of any order of the commissioner, he shall direct an  attorney employed by the department to commence  an  action  or  special  proceeding  in the supreme court in the name of the commissioner for the  purpose of having such violations or threatened violations  stopped  and  prevented.  Such  attorney  shall  thereupon  begin an action or special  proceeding  alleging  the  violation  complained  of  and  praying   for  appropriate  relief.   In case of default in answer or after answer, the  court shall immediately inquire into the facts and circumstances in such  manner as the court shall direct without other or formal pleadings,  and  without  respect  to  any  technical  requirement. Such other persons or  corporations as the court shall deem necessary  or  proper  to  join  as  parties  in  order  to  make  its  judgment  effective, may be joined as  parties upon application. The final  judgment  in  any  such  action  or  special proceeding shall either dismiss the action or special proceeding  or direct judgment as prayed for in the complaint or petition or in such  modified   or  other  form  as  the  court  may  determine  will  afford  appropriate relief.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tra > Article-5 > 132

§ 132. Enforcement  proceedings.  Whenever the commissioner shall find  that a common carrier subject to his supervision is failing or  omitting  or  about  to  fail  or  omit to do anything required of it by law or by  order of the commissioner, or is doing anything or about to do  anything  or  permitting  anything  or  about  to  permit  anything to be done, in  violation of law or of any order of the commissioner, he shall direct an  attorney employed by the department to commence  an  action  or  special  proceeding  in the supreme court in the name of the commissioner for the  purpose of having such violations or threatened violations  stopped  and  prevented.  Such  attorney  shall  thereupon  begin an action or special  proceeding  alleging  the  violation  complained  of  and  praying   for  appropriate  relief.   In case of default in answer or after answer, the  court shall immediately inquire into the facts and circumstances in such  manner as the court shall direct without other or formal pleadings,  and  without  respect  to  any  technical  requirement. Such other persons or  corporations as the court shall deem necessary  or  proper  to  join  as  parties  in  order  to  make  its  judgment  effective, may be joined as  parties upon application. The final  judgment  in  any  such  action  or  special proceeding shall either dismiss the action or special proceeding  or direct judgment as prayed for in the complaint or petition or in such  modified   or  other  form  as  the  court  may  determine  will  afford  appropriate relief.