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Law & Regulations
Law | Rules
of Practice | General Regulations
Law
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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