§ 17-136 Costs.

   a.   If the department, in an action for a penalty, recover judgment in any amount, costs of the court in which the action is brought shall also be recovered without reference to the amount of the recovery, provided payment was demanded before suit brought, and the defendant or defendants against whom recovery is had, did not, as article thirty-two of the civil practice law and rules authorizes, offer to pay an amount equal to the recovery against him or them, except that where the recovery shall be less than fifty dollars, the amount of costs shall be ten dollars.

   b.   The department shall not be subject to the payment of costs unless the judge or justice, at the conclusion of the trial, shall certify in writing that there was not reasonable cause for bringing the action. In such case the costs shall not exceed ten dollars, unless the amount claimed exceeded fifty dollars.

§ 17-137 Jurisdiction; title to real estate.

If the defendant is sought by the pleadings to be charged in an action for the recovery of a penalty on any grounds other than by virtue of ownership of real estate, no court shall lose jurisdiction by reason of the plea that title to such real estate is involved.

§ 17-138 Officers to be peace officers.

Every officer and inspector of the department is hereby declared to be a peace officer, pursuant to section 2.10 of the criminal procedure law, and is hereby authorized and empowered, subject to the regulations of the department, to proceed in the same manner and with like force and effect as a police officer in respect to procuring, countersigning and serving the summons referred to therein.

§ 17-139 Injunctions against department; undertakings.

   a.   A preliminary injunction shall be granted against the department or its officers, only by the supreme court at a special term thereof after service of at least five days notice of a motion for such injunction, together with copies of the papers on which the motion for such injunction is to be made.

   b.   Whenever the department shall seek any provisional remedy or prosecute any appeal, it shall be unnecessary to give any undertaking before obtaining or prosecuting the same.

§ 17-140 Officers and judges to act promptly.

It shall be the duty of all prosecuting officers of criminal courts, and judges of the New York city criminal court to act promptly upon all complaints, and in all suits or proceedings for a violation of any health law, and in all proceedings approved or promoted by the department, and to bring the same to a speedy hearing and termination and to render judgment and direct execution therein without delay.