CPLR 7201 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search up ARTICLE 72 Recovery of Penalty or Forfeiture next SECTION 7202 Action by person aggrieved Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 7201 Action by state Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 72 § 7201. Action by state. (a) Statutory penalty or forfeiture. Where property has been forfeited or a penalty incurred to the state or to an officer, for its use, pursuant to statute, the attorney-general, or the district attorney of the county in which the action is triable, if such an action has not already been brought by the attorney-general, shall commence an action to recover the property or penalty. A recovery in such an action bars the recovery in any other action brought for the same cause. (b) Forfeiture on conviction for treason. Where personal property is forfeited to the state upon a conviction of outlawry for treason, the attorney-general shall commence an action to recover the property or its value. (c) Forfeiture of recognizance. Where the condition of a recognizance is broken, the recognizance is wholly forfeited by an order of the court directing its prosecution. Where a recognizance to the state is forfeited, it is not necessary to allege or prove any damages.