15.17 - Enjoining violations.

§ 15.17. Enjoining  violations.  Any  violation  of this article or of  section 14.05, 14.06 or 14.07 of this chapter  shall  be  deemed  to  be  unlawful  for the purposes of invoking sections three hundred forty-nine  and three hundred fifty of article twenty-two-A of the general  business  law,  and  any person who engages in repeated violations of this article  shall be deemed to have demonstrated the persistent fraud or  illegality  necessary  to  invoke  subdivision  twelve of section sixty-three of the  executive law. The attorney general may  bring  an  action  pursuant  to  article  twenty-two-A  of  the  general  business  law  or  a proceeding  pursuant to subdivision twelve of section sixty-three of  the  executive  law  to  enjoin  violations of this article and seek restitution for any  person entitled thereto. In any such action or proceeding, the  attorney  general  may  recover, in addition to any other relief provided in those  statutes, a civil penalty of not more than five hundred  dollars  to  be  forfeited  to the state, provided, however, that with respect to actions  brought pursuant to this section to which article  twenty-two-A  of  the  general  business  law  applies, the foregoing civil penalty shall be in  lieu of any penalty set forth  therein.  In  connection  with  any  such  proposed  action  or  proceeding,  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.