§ 122. Control of fiscal transactions and recovery of debts.
273 words·~1 min read·
/ny/correction/management-of-correctional-facilities/122·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
§ 122. Control of fiscal transactions and recovery of debts. All the
fiscal transactions and dealings on account of each correctional
facility shall be conducted by and in the name of the superintendent
thereof, who shall have control over all matters of finance relating to
such facility, subject to the direction and supervision of the
commissioner of correction. Such superintendent shall be capable in law
of suing in all courts and places, and in all matters concerning the
facility, by his name of office, and by that name shall be authorized to
sue for and recover all sums of money due from any person to any former
agent, agent and superintendent or superintendent of the facility, or to
the people of this state on account of such facility. But it shall not
be lawful in any such suit or action for any defendant to plead or give
in evidence any offset or matter by way of recoupment or counterclaim
except for payments made, and not credited to such defendant, or to
recover any judgment against such superintendent in such suit or action
other than for the costs and disbursements therein. Each superintendent
shall enforce the payment of all debts due to the facility under his
charge with as little delay as possible, but subject to the approbation
of the commissioner of correction, he may accept any security from any
debtor on granting him time, that he may deem conducive to the interests
of the state. The commissioner of correction or any person authorized in
the rules and regulations of the department may at any time exercise the
powers granted to a superintendent hereunder.