1353 - Civil remedies.

§ 1353. Civil remedies. 1. Upon or after conviction of a person of any  subdivision  of  section  460.20  of the penal law, the court may, after  making due provision for the rights of innocent persons,  enjoin  future  activity  by  the person so convicted or an enterprise he controls or in  whose control he participates upon a showing that injunctive  action  is  necessary to prevent further violation of that section. In such case the  court may:    (a)  order  the  defendant  to  divest  himself  of  any interest in a  specified enterprise;    (b) impose reasonable  restrictions  upon  the  future  activities  or  investments  of  the defendant, including prohibiting the defendant from  engaging in the same type of endeavor as the enterprise in which he  was  engaged in violation of section 460.20 of the penal law;    (c)  order  the  dissolution  of  any  enterprise  he  controls or the  reorganization of any enterprise he controls or of which he participates  in the control;    (d) order the suspension or revocation of a license, permit  or  prior  approval granted by any agency of the state or any political subdivision  thereof  to  the  defendant or to any enterprise controlled by him or in  whose control he participates, provided however,  that  when  the  court  orders  such  license,  permit  or  approval  revoked or suspended for a  period of more than two years, the court shall  set  a  period  of  time  within  two  years  of  the  date of such revocation or suspension after  which the defendant or enterprise may petition the court to  permit  the  defendant  or  enterprise  to  request  restoration  or  renewal of such  license, permit or approval, by the agency or board empowered  to  grant  it,  after  notice to and hearing of the party who brought the action in  which the revocation or suspension was ordered;    (e) order the revocation of the  certificate  of  incorporation  of  a  corporation organized under the laws of the state in which the defendant  has  a  controlling  interest  or  the revocation of authorization for a  foreign corporation in which the defendant has a controlling interest to  conduct business within the state upon  a  finding  that  the  board  of  directors   or   a  high  managerial  agent  acting  on  behalf  of  the  corporation,  in  conducting  the  affairs  of  the   corporation,   has  authorized or engaged in activity made unlawful by section 460.20 of the  penal law and that such action is necessary for the prevention of future  criminal activity made unlawful by section 460.20 of the penal law.    2.  The attorney general, the deputy attorney general in charge of the  statewide organized crime task  force,  or  any  district  attorney  may  institute  civil  proceedings  in  the supreme court under this section.  Any action  brought  under  this  article  shall  constitute  a  special  proceeding.  In any action brought under this article, the supreme court  shall proceed as soon as practicable to the  hearing  and  determination  thereof.  Pending  final  determination,  the  supreme court may, at any  time, enter such injunctions, prohibitions,  or  restraining  orders  or  take  such actions, including the acceptance of satisfactory performance  bonds, ordering of disclosure under article thirty-one of this  chapter,  or other action as the court may deem proper.