Executive - Article 15 - § 298-A Application of article to certain acts committed outside the state of New York. :: 2015 New York Laws :: US Codes and Statutes :: US Law :: Justia

[Gunnar Larson]

https://law.justia.com/codes/new-york/2015/exc/article-15/298-a

2015 New York Laws
EXC - Executive
Article 15 - (Executive) HUMAN RIGHTS LAW
298-A - Application of article to certain acts committed outside the state
of New York.
Universal Citation: NY Exec L § 298-A (2015)
<https://law.justia.com/citations.html>

 298-a. Application  of article to certain acts committed outside the
  state of New York. 1. The provisions of  this  article  shall  apply  as
  hereinafter  provided  to  an act committed outside this state against a
  resident of this state or against a corporation organized under the laws
  of this state or authorized to do business in this state,  if  such  act
  would constitute an unlawful discriminatory practice if committed within
  this state.

2. If a resident person or domestic corporation violates any provision
  of  this  article  by  virtue  of  the  provisions of this section, this
  article shall apply to such person or corporation in the same manner and
  to the same extent as such provisions would have applied  had  such  act
  been  committed  within  this  state except that the penal provisions of
  such article shall not be applicable.

3. If a  non-resident  person  or  foreign  corporation  violates  any
  provision  of  this article by virtue of the provisions of this section,
  such person or corporation shall  be  prohibited  from  transacting  any
  business  within  this  state.  Except  as  otherwise  provided  in this
  subdivision, the provisions of section two hundred ninety-seven of  this
  article  governing the procedure for determining and processing unlawful
  discriminatory practices shall  apply  to  violations  defined  by  this
  subdivision insofar as such provisions are or can be made applicable. If
  the  division  of human rights has reason to believe that a non-resident
  person or foreign corporation  has  committed  or  is  about  to  commit
  outside  of this state an act which if committed within this state would
  constitute an unlawful discriminatory practice and that such act  is  in
  violation  of  any provision of this article by virtue of the provisions
  of this section, it shall serve a copy of the complaint upon such person
  or corporation by personal service either within or without the state or
  by registered mail, return receipt requested, directed to such person or
  corporation at his or her or  its  last  known  place  of  residence  or
  business, together with a notice requiring such person or corporation to
  appear  at a hearing, specifying the time and place thereof, and to show
  cause why a cease and desist order should not  be  issued  against  such
  person  or  corporation.  If  such  person  or corporation shall fail to
  appear at such hearing or does not show sufficient cause why such  order
  should  not  be issued, the division shall cause to be issued and served
  upon such person or corporation an order to cease or desist from the act
  or acts complained of. Failure to comply with any such  order  shall  be
  followed  by  the  issuance by the division of an order prohibiting such
  person or corporation from transacting any business within this state. A
  person or corporation who or which transacts business in this  state  in
  violation  of  any  such  order  is guilty of a class A misdemeanor. Any
  order issued pursuant to this subdivision may be vacated by the division
  upon satisfactory proof of compliance with such order. All orders issued
  pursuant to this subdivision shall be subject to judicial review in  the
  manner prescribed by article seventy-eight of the civil practice law and
  rules.
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