New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle A - Governor's Office
Chapter I - Executive Orders
Part 4 - Executive Orders (Mario M. Cuomo)
Section 4.138 - Executive order no. 138: requiring attorney general to supersede district attorney of orleans county with reference to certain proceedings and the investigation of unlawful acts in relation to a conservatorship in orleans county
Current through Register Vol. 46, No. 39, September 25, 2024
TO: THE HONORABLE ROBERT ABRAMS
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK 12224
Pursuant to article IV, section three of the Constitution of the State of New York, the provisions of subdivision two of section 63 of the Executive Law and the statutes and law in such case made and provided, I hereby require that you, the Attorney General of the State, attend in Person, or by one or more of your assistants or deputies, a term or terms of the Supreme Court to be held in and for the County of Orleans, and that you, in Person or by said assistants or deputies, appear before any grand jury drawn for any other term or terms of said court, for the purpose of managing and conducting in said court and before said grand jury and said other grand juries any and all proceedings, examinations and inquiries and any and all criminal actions and proceedings which may be had or taken by or before said grand jury and grand juries concerning or relating to:
a) any and all unlawful acts or omissions or alleged unlawful acts or omissions by Milford L. Phinney, June A. Bush or any person acting in concert therewith in relation to the conservatorship of Barbara Schmitt and any other offenses joinable in an accusatory instrument charging such offenses;
b) any and all unlawful acts or omissions or alleged unlawful acts or omissions or alleged acts or omissions by any person in relation to an investigation of Milford L. Phinney, June A. Bush or any person acting in concert therewith in relation to the conservatorship of Barbara Schmitt and any offenses joinable in an accusatory instrument charging such offenses;
c) any and all acts and omissions and alleged acts and omissions occurring hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement, and that you conduct, manage, prosecute and handle such other proper actions and proceedings relating thereto as may come before said court and that you conduct, manage, prosecute and handle all trials at said terms of court, or any term of said court at which any and all indictments which may be found and which may hereafter be tried, pursuant to or in connection with this requirement, and in the event of any appeal or appeals or other proceedings connected therewith, to manage, prosecute, conduct and handle the same, and that in person or by your assistants or deputies you, as of the date hereof, supersede and in the place and stead of the District Attorney of the County of Orleans exercise all the powers and perform all the duties conferred upon you by the statutes and law in such case made and provided and this requirement made hereunder, and that in such proceedings and actions the District Attorney of the County of Orleans shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.
Pursuant to the provisions of subdivision two of section 63 of the Executive Law, all expenses incurred by the Attorney General in relation to the prosecution of the proceedings enumerated herein, including the salary or other compensation of all deputies employed shall be a charge upon the County of Orleans.
Signed: Mario M. CuomoDated: July 13, 1990
[FN*] [Revoked by Executive Order No. 31 (George E. Pataki), infra.]
[FN[DAGGER]] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]
[Revoked by Executive Order No. 9 (David A. Paterson), infra.]
[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]
