The owner of Hudson River Rafting Company is scheduled to appear in State Supreme Court on Tuesday afternoon to answer accusations that he is operating his business in violation of a court order.

Assistant State Attorney General G. Nicholas Garin is asking Justice Richard Giardino to forbid Hudson River Rafting from operating whitewater trips on rivers that require licensed guides until its owner, Patrick Cunningham, replenishes a $50,000 performance bond.

Giardino required Cunningham to post the bond in 2012 as a result of a lawsuit filed by the state attorney general’s office. Last December, Giardino fined Cunningham $25,000 for sending clients down the Hudson River without a licensed guide, in violation of a court order. Evidently, the fine was paid from the bond money.

Although Cunningham has failed to replenish the bond, he has continued to operate his rafting business. However, Cunningham told Adirondack Almanack that he is operating only on a part of the Hudson where licensed guides are not required.

In a decision in May 2013, Giardino decreed that Hudson River Rafting and Cunningham were forbidden from operating “on any rivers or parts of rivers in this state, where licensed guides are required by the DEC, unless and until a $50,000 performance bond is posted.”

In the judge’s latest order, issued before Tuesday’s hearing, Cunningham is barred from operating a rafting service on any river in New York State until the bond is replenished.

Photo by Phil Brown: Rafters and inner-tubers drift through mild rapids on the Hudson near the hamlet of North River.  The raft shown is not one of Pat Cunningham’s.