1. Upon or after conviction of a person of any subdivision of section 460.20 of the penal law, the court may, after making due provision for the rights of innocent persons, enjoin future activity by the person so convicted or an enterprise he controls or in whose control he participates upon a showing that injunctive action is necessary to prevent further violation of that section. In such case the court may:
§ 1353.Civil remedies
Article 13-B. Civil Remedies; Enterprise Corruption · Last amended 1986 · Last verified July 21, 2026
In one sentenceCPLR 1353 lets a court impose civil remedies -- divestiture, restrictions on future business, dissolution, license revocation, even corporate charter revocation -- against someone convicted of enterprise corruption, and lets the attorney general or a district attorney sue to obtain them.
Full Text of CPLR 1353
(a) order the defendant to divest himself of any interest in a specified enterprise;
(b) impose reasonable restrictions upon the future activities or investments of the defendant, including prohibiting the defendant from engaging in the same type of endeavor as the enterprise in which he was engaged in violation of section 460.20 of the penal law;
(c) order the dissolution of any enterprise he controls or the reorganization of any enterprise he controls or of which he participates in the control;
(d) order the suspension or revocation of a license, permit or prior approval granted by any agency of the state or any political subdivision thereof to the defendant or to any enterprise controlled by him or in whose control he participates, provided however, that when the court orders such license, permit or approval revoked or suspended for a period of more than two years, the court shall set a period of time within two years of the date of such revocation or suspension after which the defendant or enterprise may petition the court to permit the defendant or enterprise to request restoration or renewal of such license, permit or approval, by the agency or board empowered to grant it, after notice to and hearing of the party who brought the action in which the revocation or suspension was ordered;
(e) order the revocation of the certificate of incorporation of a corporation organized under the laws of the state in which the defendant has a controlling interest or the revocation of authorization for a foreign corporation in which the defendant has a controlling interest to conduct business within the state upon a finding that the board of directors or a high managerial agent acting on behalf of the corporation, in conducting the affairs of the corporation, has authorized or engaged in activity made unlawful by section 460.20 of the penal law and that such action is necessary for the prevention of future criminal activity made unlawful by section 460.20 of the penal law.
2. The attorney general, the deputy attorney general in charge of the statewide organized crime task force, or any district attorney may institute civil proceedings in the supreme court under this section. Any action brought under this article shall constitute a special proceeding. In any action brought under this article, the supreme court shall proceed as soon as practicable to the hearing and determination thereof. Pending final determination, the supreme court may, at any time, enter such injunctions, prohibitions, or restraining orders or take such actions, including the acceptance of satisfactory performance bonds, ordering of disclosure under article thirty-one of this chapter, or other action as the court may deem proper.
Plain-English Summary
New York created a civil counterpart to its enterprise corruption crime so that prosecutors don't have to rely on prison time alone to stop an organized criminal enterprise from operating. Once a court convicts someone under that statute, CPLR 1353 gives the court a menu of civil remedies aimed at the business itself: forcing the defendant to sell off an interest in an enterprise, capping what kind of work or investments the defendant can take on, ordering an enterprise dissolved or reorganized, pulling a state license or permit, or revoking a corporation's charter.
The remedies reach beyond the individual defendant. A court can dissolve or reorganize any enterprise the defendant controls or helps control, and can revoke a New York corporation's certificate of incorporation -- or a foreign corporation's authority to do business here -- if the board or a senior manager knowingly went along with the criminal conduct. Long license suspensions come with a safety valve: if a suspension or revocation runs more than two years, the court has to set a date within that two-year window when the defendant can ask the licensing agency for reinstatement, after notice to the prosecutor who brought the case.
Only specific officials can bring these civil proceedings: the attorney general, the deputy attorney general who heads the statewide organized crime task force, or a district attorney. The case proceeds as a special proceeding, and the statute directs the supreme court to move to a hearing and decision as soon as practicable rather than let it sit on a docket. While the case is pending, the court can grant interim relief -- injunctions, restraining orders, even acceptance of a performance bond -- to keep the status quo from unraveling before final judgment.
Frequently Asked Questions
What is CPLR 1353?
CPLR 1353 is New York's civil enforcement tool for enterprise corruption. It lets a court order remedies such as divestiture, license revocation, or corporate dissolution against a person convicted of enterprise corruption.
Who can bring a civil enterprise corruption case under CPLR 1353?
Only the attorney general, the deputy attorney general in charge of the statewide organized crime task force, or a district attorney may start this kind of civil proceeding, and it is treated as a special proceeding in the supreme court.
Does a defendant have to be convicted before CPLR 1353 remedies apply?
Yes. The remedies in CPLR 1353 become available only upon or after a conviction for enterprise corruption.
Can a court revoke a company's charter under CPLR 1353?
Yes, if the defendant holds a controlling interest in the corporation and its board or a high managerial agent authorized or engaged in enterprise corruption while running the company's affairs, the court may revoke its certificate of incorporation or its authority to do business in New York.
What happens if a court suspends a business license for more than two years under CPLR 1353?
The court must set a date within two years of the suspension or revocation when the defendant or enterprise can petition to seek restoration or renewal of the license from the agency that issued it, after notice to the prosecutor who brought the case.
Can a court grant emergency relief while a CPLR 1353 case is pending?
Yes. The supreme court may enter injunctions, restraining orders, or other interim measures -- including requiring a performance bond or ordering disclosure -- at any time before final judgment.
Amendment History
Add, L 1986, ch 516, § 13, eff Nov 1, 1986.
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: New York enterprise corruption civil remediescivil RICO New YorkCPLR 1353 divestitureNew York organized crime civil actionenterprise corruption injunction New York