An action brought in behalf of the people, except an action to recover a penalty or forfeiture expressly given by law to a particular officer, shall be brought in the name of the state.
§ 1301.Actions in behalf of the people to be brought in the name of the state
Article 13. Actions by the State · Last amended 1963 · Last verified July 21, 2026
In one sentenceCPLR 1301 requires a lawsuit brought on behalf of the public to be filed in the name of the State of New York, except for actions to recover a penalty or forfeiture that the law gives to a particular officer.
Full Text of CPLR 1301
Plain-English Summary
When a government lawsuit is brought for the benefit of the public, section 1301 says whose name goes on it: the State of New York. That naming rule applies broadly to actions brought on behalf of the people.
The one carve-out covers penalties or forfeitures that a statute assigns to a specific officer to collect. In those cases, the action doesn't have to be brought in the state's name; the officer entitled to the penalty or forfeiture can bring it directly.
Frequently Asked Questions
Why do some New York lawsuits list the State of New York as plaintiff?
Because CPLR 1301 requires any action brought on behalf of the public to be filed in the state's name.
What is the exception to suing in the state's name under CPLR 1301?
An action to recover a penalty or forfeiture that a law gives to a particular officer doesn't need to be brought in the state's name.
Can a government officer sue in their own name instead of the state's?
Yes, but only for a penalty or forfeiture that a statute specifically gives that officer the right to collect.
Does CPLR 1301 apply to criminal prosecutions in New York?
No. CPLR 1301 is a civil procedure rule for lawsuits brought on behalf of the public; it doesn't govern how criminal cases are captioned.
Who decides whether to bring a public action in the state's name?
The rule doesn't leave that as a choice; unless the penalty-or-forfeiture exception applies, an action brought on behalf of the people has to be brought in the state's name.
Advisory Committee Notes
This section is the same as CPA § 1202 except that “the state” has been substituted for “the people of the state” as the named party.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
Also known as: lawsuit in the name of the State of New YorkState of New York as plaintiffpenalty or forfeiture action by an officer New Yorkactions on behalf of the people New YorkCPLR article 13 state actions