N.Y. Comp. Codes R. & Regs. tit. 9 § 5.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 5.9 - Executive order no. 9: requiring the attorney general to supersede the district attorney of westchester county with respect to a certain matter

TO: THE HONORABLE DENNIS C. VACCO

THE ATTORNEY GENERAL OF THE STATE OF NEW YORK

STATE CAPITOL

ALBANY, NEW YORK 12224

WHEREAS, the New York State Affordable Housing Corporation received an application, AHC Application No. 800L (the "Application"), from the Housing Action Council, located in Tarrytown in the County of Westchester;

WHEREAS, allegations have been made that information stated in the Application is false;

WHEREAS, the District Attorney of Westchester County has requested the appointment of a special prosecutor to investigate these allegations; and

WHEREAS, I am acquainted with persons, and might be acquainted with other persons, who could be affected by an investigation relating to the Application;

NOW, THEREFORE, I, GEORGE E. PATAKI, Governor of the State of New York, pursuant to section 3 of Article IV of the Constitution of the State of New York and subdivision two of section 63 of the Executive Law, hereby request that you, the Attorney General of the State, as you deem appropriate and necessary after investigation:

1. Attend in person or by one or more of your deputies or assistants a term or terms of the Supreme Court to be held in and for the County of Westchester, and that you in person or by said deputies or assistants appear before any grand jury drawn from any term or terms of said court, for the purpose of managing and conducting in such court and before such grand jury or grand juries any and all proceedings, examinations and inquiries and any all criminal actions and proceedings which may be had concerning or relating to:

(a) any and all unlawful acts or omissions which may have occurred in connection with the application;

(b) any other unlawful acts or omissions related to or incident to the application or discovered in the investigation or prosecution thereof; and

(c) any acts or omissions occurring heretofore or hereafter to obstruct, hinder or interfere with any inquiry, prosecution, trial or judgment pursuant to or connected with this requirement.

2. Conduct, manage, prosecute and handle such other proper actions and proceedings as may come before said term or terms of court at which any indictments may be found and which may thereafter be tried pursuant to or in connection with this requirement; and in the event of any appeals or other proceedings connected herewith, to conduct, manage, prosecute and handle the same.

As of the date hereof, you and your deputies and assistants supersede the District Attorney of Westchester County, and exercise all the powers and perform all the duties in respect of the aforementioned actions and proceedings as the District Attorney of Westchester County would be otherwise authorized or required to exercise or perform. In any of such actions or proceedings the District Attorney of Westchester County shall exercise only such powers and perform such duties as are required of her by you or your deputies or your assistants so attending.

All expenses incurred by you in relation to the investigation and prosecution of the actions and proceedings enumerated herein, including the salary or other compensation of all deputies and assistants employed, shall be a charge upon the County of Westchester.

Signed: George E. PatakiDated: May 16, 1995

[FN*] [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.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 5.9