N.Y. Comp. Codes R. & Regs. tit. 9 § 3.78

Current through Register Vol. 46, No. 45, November 2, 2024
Section 3.78 - Executive Order No. 78: Directing attendance of Attorney General at term of the Supreme Court, Albany County

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 requests to me by the Special State Prosecutor for Nursing Homes, Health and Social Services and the District Attorney of Albany 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, a term of the Supreme Court to be held in and for the County of Albany for the month of December, nineteen hundred seventy-eight, and any other term or terms of the Supreme Court in and for the County of Albany, and that you, in person or by said assistants or deputies, appear before any grand jury drawn for said 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 arising out of, relating to, or in any way connected with the subject matter of an investigation presently pending in the Office of the Special State Prosecutor for Nursing Homes, Health and Social Services, entitled: People v. John Doe, Special Prosecutor's File Number NY 9-41; 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 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 Albany 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 Albany 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: December 20, 1978

N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.78