The Corporation Counsel shall show, by affidavit
and such other evidence as may be submitted, that there is a cause
of action for a civil penalty within the scope of this article.
When the defendant gives an undertaking in the
amount of the civil penalty demanded in the complaint together with
costs, disbursements and the projected actual costs of the prosecution
of the action to be determined by the court, upon a motion on notice
to the Corporation Counsel, a temporary injunction or a temporary
restraining order shall be vacated by the court. The provisions of
the Civil Practice Law and Rules governing undertakings shall be applicable
to this article.