§ 9-b. Actions or special proceedings by superintendent or\n attorney-general.\n 1. In addition to any action or special proceeding which may be\nmaintained by either of them under any other section of this chapter,\nthe superintendent or the attorney-general may maintain an action or\nspecial proceeding:\n (a) To annul the corporate existence or dissolve a corporation formed\nunder any article of this chapter or formed under any other statute or\nspecial act having as its purpose or among its purposes a purpose for\nwhich a corporation may be formed under this chapter that has acted\nbeyond its capacity or power or to restrain it from the doing of\nunauthorized business.\n (b) To annul the corporate existence or dissolve any such corporation\nthat has not been duly formed.\n (c) To restrain any person or persons from acting as such a\ncorporation within this state without being duly incorporated or from\nexercising in this state any corporate rights, privileges or franchises\nnot granted to them by the law of the state.\n (d) To dissolve a corporation under section nine-c.\n 2. In any action or special proceeding brought under this section:\n (a) If an action, it is triable by jury as a matter of right.\n (b) The court may confer immunity in accordance with the provisions of\nsection 50.20 of the criminal procedure law.\n (c) A temporary restraining order to restrain the commission or\ncontinuance of the unlawful acts which form the basis of the action or\nspecial proceeding may be granted upon proof, by affidavit, that the\ndefendant or defendants have committed or are about to commit such acts.\nApplication for such restraining order may be made ex parte or upon such\nnotice as the court may direct.\n (d) When final judgment in such action or special proceeding is\nrendered against the defendant or defendants, the court may direct the\ncosts to be collected by execution against any or all of the defendants\nor by order of attachment or other process against the person of any\ndirector or officer of a corporate defendant.\n (e) In connection with any such proposed action or special proceeding\nthe superintendent or the attorney-general may take proof and issue\nsubpoenas in accordance with the civil practice law and rules.\n
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