§ 123. Legislative purpose. It is the purpose of the legislature to recognize that each individual citizen and taxpayer of the state has an interest in the proper disposition of all state funds and properties. Whenever this interest is or may be threatened by an illegal or unconstitutional act of a state officer or employee, […]
§ 123-a. Definitions. 1. Citizen. A “citizen” is any person who is a resident of the state. 2. Taxpayer. A “taxpayer” is any citizen who has paid or is paying state income or state sales taxes. 3. Person. A “person” is any individual, public or private corporation, political subdivision, department or agency of the state […]
§ 123-b. Action for declaratory and equitable relief. 1. Notwithstanding any inconsistent provision of law, any person, who is a citizen taxpayer, whether or not such person is or may be affected or specially aggrieved by the activity herein referred to, may maintain an action for equitable or declaratory relief, or both, against an officer […]
§ 123-c. Pleadings and procedure. 1. An action pursuant to this article shall be brought in the supreme court in any county wherein the disbursement has occurred, is likely to occur, or is occurring, or in the county in which the state officer or employee has his or her principal office. 2. The complaint in […]
§ 123-d. Security for costs. At any stage of the action, upon motion by the defendant, or upon its own initiative, the court may order the plaintiff to give an undertaking for costs and taxable disbursements not to exceed the sum of twenty-five hundred dollars. If plaintiff shall not have given such undertaking at the […]
§ 123-e. Relief by the court. 1. The court may grant equitable or declaratory relief, or both, including, but not limited to: enjoining the activity complained of; restitution to the state of those public funds disbursed or public property alienated; in the case of public property wrongfully alienated, compelling payment of the full market value; […]
§ 123-f. Termination of action. No action brought pursuant to this article shall be compromised, discontinued or dismissed by consent, default, or neglect to prosecute, except with approval of the court.
§ 123-g. Costs and fees. 1. The court shall have the authority to fix a reasonable sum to reimburse the plaintiff for costs and expenses, including attorney fees in an action wherein judgment was rendered for the plaintiff. Such attorney fees shall only be paid from the fund established under section one hundred twenty-three-h of […]
§ 123-i. Existing rights and remedies preserved. Nothing in this article shall abridge or alter rights of actions or remedies now or hereafter existing.
§ 123-j. Separability. If any provision of this article is held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision.
