New York Executive Law § 63 (12)
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Whenever any person shall engage in repeated fraudulent or illegal acts or otherwise
demonstrate persistent fraud or illegality in the carrying on, conducting or transaction of
business, the attorney general may apply, in the name of the people of the state of New
York, to the supreme court of the state of New York, on notice of five days, for an order
enjoining the continuance of such business activity or of any fraudulent or illegal acts,
directing restitution and damages and, in an appropriate case, cancelling any certificate
filed under and by virtue of the provisions of section four hundred forty of the former
penal law [FN3] or section one hundred thirty of the general business law, and the court
may award the relief applied for or so much thereof as it may deem proper. The word
“fraud” or “fraudulent” as used herein shall include any device, scheme or artifice to
defraud and any deception, misrepresentation, concealment, suppression, false pretense,
false promise or unconscionable contractual provisions. The term “persistent fraud” or
“illegality” as used herein shall include continuance or carrying on of any fraudulent or
illegal act or conduct. The term “repeated” as used herein shall include repetition of any
separate and distinct fraudulent or illegal act, or conduct which affects more than one
person.
In connection with any such application, the attorney general is authorized to take proof
and make a determination of the relevant facts and to issue subpoenas in accordance with
the civil practice law and rules. Such authorization shall not abate or terminate by reason
of any action or proceeding brought by the attorney general under this section.