New York § 132 - 132Enforcement proceedings

§ 132. 132Enforcement proceedings

§ 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.