N.Y. Comp. Codes R. & Regs. tit. 9 § 3.42

Current through Register Vol. 46, No. 16, April 17, 2024
Section 3.42 - Executive Order No. 42: [Appropriating an extraordinary special and trial term of the Supreme Court, Onondaga County and appointing a presiding justice thereof.]

TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL 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 63 of the Executive Law and the statutes and law in such case made and provided, and in view of the recommendation of the Fourth April 1976 Grand Jury and the Reports submitted by the District Attorney of New York County, 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 Onondaga at the County Court House and any other term or terms of the Supreme Court in and for the County of Onondaga, 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 any and all unlawful acts or omissions or alleged unlawful acts or omissions by any person, occurring heretofore or hereafter, arising out of, relating to, or in any way connected with the offer, payment, acceptance or solicitation of funds or other consideration in connection with the obtaining or retaining of public employment or public office, or with the obtaining or retaining of any contract or other benefit from a public employee, public officer, public agency or the State or any of its political subdivisions; 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 Onondaga 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 Onondaga shall exercise only such powers and perform such duties as are required of him by you or your assistants or deputies so attending.

Signed: Hugh L. Carey

Dated: November 24, 1976

Executive Order No. 42.1

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

WHEREAS, on the twenty-fourth day of November, nineteen hundred seventy-six, I made a requirement upon you, embodied in Executive Order Number 42, in relation to the County of Onondaga, New York; and

WHEREAS, on the thirty-first day of December, nineteen hundred seventy-six, the term of the District Attorney of Onondaga County expired; and

WHEREAS, on the first day of January, nineteen hundred seventy-seven, the term of the newly elected District Attorney of Onondaga County commenced;

NOW, THEREFORE, I do hereby reaffirm and continue my order and requirement upon you, embodied in Executive Order Number forty-two and dated the twenty-fourth day of November, nineteen hundred seventy-six, as heretofore and hereafter amended; effective the first day of January, nineteen hundred seventy-seven.

Signed: Hugh L. Carey

Dated: February 10, 1977

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.42