THE PEOPLE FIGHT BACK --
CJA's Citizen-Taxpayer Actions
to End NYS' Corrupt Budget "Process" &
Unconstitutional "Three Men in a Room"
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..."
State Finance Law,
“Government watchdogs, the media, and, most of all, members of the
public have a right to understand how their tax dollars are spent and by
whom, as well as the process used to appropriate state funds”.
Commission to Investigate Public Corruption,
2013 interim report, at p. 25:
click here for:
CJA's SECOND citizen-taxpayer action --
(born September 2, 2016)
CJA's FIRST citizen-taxpayer action --
(born March 28, 2014 - murdered August 1, 2016)
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STATE FINANCE LAW ARTICLE 7A
§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, the need for relief is
so urgent that any citizen-taxpayer should have and hereafter does have a
right to seek the remedies provided for herein.
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.
A "person" is any individual, public
or private corporation, political subdivision, department or agency of
the state or any local government, the attorney general, an association, or
any other legal entity whatsoever.
§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 or employee
of the state who in the course of his or her duties has caused, is now causing, or is about to
cause a wrongful expenditure, misappropriation, misapplication, or any other illegal or unconstitutional disbursement of state funds or state
property, except that the provisions of this subdivision shall not apply to the
authorization, sale, execution or delivery of
a bond issue or notes issues in anticipation thereof by the state or any
agency, instrumentality or subdivision thereof or by any subdivision thereof
or or by any public corporation or public benefit corporation.
plaintiff in such an action may join as a party defendant the recipient or intended recipient of such a
wrongful expenditure, misappropriation, misapplication, or any other
illegal or unconstitutional disbursement of state funds or state
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
such action shall be either verified or supported by affidavits.
3. Where the plaintiff in
such action is a person other than the attorney
general, a copy of the summons and complaint shall be served
upon the attorney general.
4. An action under the
provisions of this article shall be heard upon such notice
to such officer or employee as the court, justice or judge shall direct, and
shall be promptly determined. The action shall have
preference over all other causes in all courts.
§123-d. Security for
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 expiration of sixty days from the date of service of the order upon him
or her, the court may, upon motion of the defendant, dismiss the action and
award costs to the defendant. This section shall not apply to any action commenced by the attorney general in the name of and on
behalf of the people of the state.
§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; a declaration that a proposed disbursement or alienation of
property would be illegal; and such other and further relief as
to the court may seem just and proper.
2. The court, at the commencement of an action
pursuant to this article, or at any time
subsequent thereto and prior to entry of judgment, upon
application by the plaintiff or the attorney general on behalf of the people of the state, may grant a preliminary injunction
and impose such terms and conditions as may be necessary to restrain the
defendant if he or she threatens to commit or is committing an
act or acts
which, if committed or continued during the pendency of the action, would
be detrimental to the public interest. A temporary
restraining order may be granted pending a hearing for a
preliminary injunction notwithstanding the requirements of
section six thousand three hundred thirteen of the civil practice law and rules, where it appears that immediate and irreparable
injury, loss, or damage will result unless the defendant is restrained
before a hearing can be had.
§123-f. Termination of action.
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.
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 this article to the extent of money available therein.
intervenors, unless they are necessary parties, shall be awarded attorney
§123-i. Existing rights and remedies preserved.
Nothing in this article shall abridge or alter rights of
actions or remedies now or hereafter existing.
If any provision of this article is held invalid, such invalidity shall
not affect other provisions which can be given effect without the
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"Internal Control Responsibilities"
under Legislative Law
2017- a new
legislature & legislative session