N.Y. Comp. Codes R. & Regs. tit. 9 § 3.14

Current through Register Vol. 46, No. 16, April 17, 2024
Section 3.14 - Executive Order No. 14: Directing attendance of Attorney General at extraordinary special and trial term of the Supreme Court, Suffolk County
I. 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, and in view of the request of the District Attorney of Suffolk County, Henry F. O'Brien, I hereby require that you, the Attorney General of this State, attend in person, or by one or more of your assistants or deputies, an Extraordinary Special and Trial Term of the Supreme Court to be appointed by me to be held in and for the county of Suffolk at the County Court House and any other term or terms of the Supreme Court in and for the County of Suffolk, and that you, in person or by said assistants or deputies, appear before the grand jury drawn for Said extraordinary term of said court, and before any grand jury or grand juries which shall be drawn or which shall have heretofore been 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 Eugene R. Kelley, Police Commissioner of Suffolk County;
(b) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any officer, member or employee or former officer, member or employee of the Suffolk County Police Department;
(c) any and all unlawful acts or omissions or alleged unlawful acts or omissions by Henry F. O'Brien, District Attorney of Suffolk County;
(d) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any officer, member or employee or former officer, member or employee of the Office of the District Attorney of Suffolk County; 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 extraordinary term of court or at 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 Suffolk 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 Suffolk 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 Suffolk.

Signed: Hugh L. Carey

Dated: September 12, 1975

Executive Order No. 14.1

TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK .........................................................................................................................

Article I of the order and requirement upon you, embodied in Executive Order Number fourteen and dated September twelfth, one thousand nine hundred seventy-five, is hereby amended by adding thereto a new subdivision (e) to read as follows:

(e) any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person, which are in any way related to any of the unlawful acts or omissions or alleged unlawful acts or omissions specified in subdivisions (a), (b), (c), or (d);

Signed: Hugh L. Carey

Dated: December 11, 1975

Executive Order No. 14.2

TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITAL ALBANY, NEW YORK .........................................................................................................................

Pursuant to Article IV, Section three, of the Constitution of the State of New York, the provisions of subdivision two of Section sixty three of the Executive Law and the statutes and law in such case made and provided, and in view of the request of Henry F. O'Brien, the District Attorney of Suffolk County, Article I of the order and requirement upon you, embodied in Executive Order Number 14, dated the twelfth day of September, nineteen hundred seventy-five, as amended by Executive Order Number 14.1, dated the eleventh day of December, nineteen hundred seventy-five, is hereby further amended by adding thereto a new subdivision (f), to read as follows:

(f) any and all criminal offenses committed by William F. O'Gorman, Jr., on or after the first day of March, nineteen hundred seventy-three, and any and all criminal offenses in any way connected or related thereto, except that this order and requirement shall not apply to the following pending matters:

People v. Carmine Fatico, Louis Caputo, William O'Gorman and Jerry Cowan, Indictment Numbers 373-73 and 493-73;

People v. William O'Gorman, Jr., Indictment Number 447-75; and

People v. William O'Gorman, Jr., Suffolk County District Court, Docket Number 1075586;

Signed: Hugh L. Carey

Dated: July 20, 1976

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.14