N.Y. EXC Law § 63 — New York Code / Act EXC / Article 5 / Section 63
General duties
Status: in_force

§ 63. General duties. The attorney-general shall:\n  1. Prosecute and defend all actions and proceedings in which the state\nis interested, and have charge and control of all the legal business of\nthe departments and bureaus of the state, or of any office thereof which\nrequires the services of attorney or counsel, in order to protect the\ninterest of the state, but this section shall not apply to any of the\nmilitary department bureaus or military offices of the state. No action\nor proceeding affecting the property or interests of the state shall be\ninstituted, defended or conducted by any department, bureau, board,\ncouncil, officer, agency or instrumentality of the state, without a\nnotice to the attorney-general apprising him of the said action or\nproceeding, the nature and purpose thereof, so that he may participate\nor join therein if in his opinion the interests of the state so warrant.\n  2. Whenever required by the governor, attend in person, or by one of\nhis deputies, any term of the supreme court or appear before the grand\njury thereof for the purpose of managing and conducting in such court or\nbefore such jury criminal actions or proceedings as shall be specified\nin such requirement; in which case the attorney-general or his deputy so\nattending shall exercise all the powers and perform all the duties in\nrespect of such actions or proceedings, which the district attorney\nwould otherwise be authorized or required to exercise or perform; and in\nany of such actions or proceedings the district attorney shall only\nexercise such powers and perform such duties as are required of him by\nthe attorney-general or the deputy attorney-general so attending. In all\nsuch cases all expenses incurred by the attorney-general, including the\nsalary or other compensation of all deputies employed, shall be a county\ncharge.\n  3. Upon request of the governor, comptroller, secretary of state,\ncommissioner of transportation, superintendent of financial services,\ncommissioner of taxation and finance, commissioner of motor vehicles, or\nthe state inspector general, or the head of any other department,\nauthority, division or agency of the state, investigate the alleged\ncommission of any indictable offense or offenses in violation of the law\nwhich the officer making the request is especially required to execute\nor in relation to any matters connected with such department, and to\nprosecute the person or persons believed to have committed the same and\nany crime or offense arising out of such investigation or prosecution or\nboth, including but not limited to appearing before and presenting all\nsuch matters to a grand jury.\n  4. Cause all persons indicted for corrupting or attempting to corrupt\nany member or member-elect of the legislature, or the commissioner of\ngeneral services, to be brought to trial.\n  5. When required by the comptroller or the superintendent of public\nworks, prepare proper drafts for contracts, obligations and other\ninstruments for the use of the state.\n  6. Upon receipt thereof, pay into the treasury all moneys received by\nhim for debts due or penalties forfeited to the people of the state.\n  7. He may, on behalf of the state, agree upon a case containing a\nstatement of the facts and submit a controversy for decision to a court\nof record which would have jurisdiction of an action brought on the same\ncase. He may agree that a referee, to be appointed in an action to which\nthe state is a party, shall receive such compensation at such rate per\nday as the court in the order of reference may specify. He may with the\napproval of the governor retain counsel to recover moneys or property\nbelonging to the state, or to the possession of which the state is\nentitled, upon an agreement that such counsel shall receive reasonable\ncompensation, to be fixed by the attorney-general, out of the property\nrecovered, and not otherwise.\n  8. Whenever in his judgment the public interest requires it, the\nattorney-general may, with the approval of the governor, and when\ndirected by the governor, shall, inquire into matters concerning the\npublic peace, public safety and public justice. For such purpose he may,\nin his discretion, and without civil service examination, appoint and\nemploy, and at pleasure remove, such deputies, officers and other\npersons as he deems necessary, determine their duties and, with the\napproval of the governor, fix their compensation. All appointments made\npursuant to this subdivision shall be immediately reported to the\ngovernor, and shall not be reported to any other state officer or\ndepartment. Payments of salaries and compensation of officers and\nemployees and of the expenses of the inquiry shall be made out of funds\nprovided by the legislature for such purposes, which shall be deposited\nin a bank or trust company in the names of the governor and the\nattorney-general, payable only on the draft or check of the\nattorney-general, countersigned by the governor, and such disbursements\nshall be subject to no audit except by the governor and the\nattorney-general. The attorney-general, his deputy, or other officer,\ndesignated by him, is empowered to subpoena witnesses, compel their\nattendance, examine them under oath before himself or a magistrate and\nrequire that any books, records, documents or papers relevant or\nmaterial to the inquiry be turned over to him for inspection,\nexamination or audit, pursuant to the civil practice law and rules. If a\nperson subpoenaed to attend upon such inquiry fails to obey the command\nof a subpoena without reasonable cause, or if a person in attendance\nupon such inquiry shall, without reasonable cause, refuse to be sworn or\nto be examined or to answer a question or to produce a book or paper,\nwhen ordered so to do by the officer conducting such inquiry, he shall\nbe guilty of a misdemeanor. It shall be the duty of all public officers,\ntheir deputies, assistants and subordinates, clerks and employees, and\nall other persons, to render and furnish to the attorney-general, his\ndeputy or other designated officer, when requested, all information and\nassistance in their possession and within their power. Each deputy or\nother officer appointed or designated to conduct such inquiry shall make\na weekly report in detail to the attorney-general, in form to be\napproved by the governor and the attorney-general, which report shall be\nin duplicate, one copy of which shall be forthwith, upon its receipt by\nthe attorney-general, transmitted by him to the governor. Any officer\nparticipating in such inquiry and any person examined as a witness upon\nsuch inquiry who shall disclose to any person other than the governor or\nthe attorney-general the name of any witness examined or any information\nobtained upon such inquiry, except as directed by the governor or the\nattorney-general, shall be guilty of a misdemeanor.\n  9. Bring and prosecute or defend upon request of the commissioner of\nlabor or the state division of human rights, any civil action or\nproceeding, the institution or defense of which in his judgment is\nnecessary for effective enforcement of the laws of this state against\ndiscrimination by reason of age, race, sex, creed, color, national\norigin, sexual orientation, gender identity or expression, military\nstatus, disability, predisposing genetic characteristics, familial\nstatus, marital status, citizenship or immigration status, or domestic\nviolence victim status, or for enforcement of any order or determination\nof such commissioner or division made pursuant to such laws.\n  10. Prosecute every person charged with the commission of a criminal\noffense in violation of any of the laws of this state against\ndiscrimination because of age, race, sex, creed, color, national origin,\nsexual orientation, gender identity or expression, military status,\ndisability, predisposing genetic characteristics, familial status,\nmarital status, citizenship or immigration status, or domestic violence\nvictim status, in any case where in his judgment, because of the extent\nof the offense, such prosecution cannot be effectively carried on by the\ndistrict attorney of the county wherein the offense or a portion thereof\nis alleged to have been committed, or where in his judgment the district\nattorney has erroneously failed or refused to prosecute. In all such\nproceedings, the attorney-general may appear in person or by his deputy\nor assistant before any court or any grand jury and exercise all the\npowers and perform all the duties in respect of such actions or\nproceedings which the district attorney would otherwise be authorized or\nrequired to exercise or perform.\n  11. Prosecute and defend all actions and proceedings in connection\nwith safeguarding and enforcing the state's remainder interest in any\ntrust which meets the requirements of subparagraph two of paragraph (b)\nof subdivision two of section three hundred sixty-six of the social\nservices law.\n  12. Whenever any person shall engage in repeated fraudulent or illegal\nacts or otherwise demonstrate persistent fraud or illegality in the\ncarrying on, conducting or transaction of business, the attorney general\nmay apply, in the name of the people of the state of New York, to the\nsupreme court of the state of New York, on notice of five days, for an\norder enjoining the continuance of such business activity or of any\nfraudulent or illegal acts, directing restitution and damages and, in an\nappropriate case, cancelling any certificate filed under and by virtue\nof the provisions of section four hundred forty of the former penal law\nor section one hundred thirty of the general business law, and the court\nmay award the relief applied for or so much thereof as it may deem\nproper. The word "fraud" or "fraudulent" as used herein shall include\nany device, scheme or artifice to defraud and any deception,\nmisrepresentation, concealment, suppression, false pretense, false\npromise or unconscionable contractual provisions. The term "persistent\nfraud" or "illegality" as used herein shall include continuance or\ncarrying on of any fraudulent or illegal act or conduct. The term\n"repeated" as used herein shall include repetition of any separate and\ndistinct fraudulent or illegal act, or conduct which affects more than\none person. Notwithstanding any law to the contrary, all monies\nrecovered or obtained under this subdivision by a state agency or state\nofficial or employee acting in their official capacity shall be subject\nto subdivision eleven of section four of the state finance law.\n  In connection with any such application, the attorney general is\nauthorized to take proof and make a determination of the relevant facts\nand to issue subpoenas in accordance with the civil practice law and\nrules. Such authorization shall not abate or terminate by reason of any\naction or proceeding brought by the attorney general under this section.\n  13. Prosecute any person for perjury committed during the course of\nany investigation conducted by the attorney-general pursuant to statute.\nIn all such proceedings, the attorney-general may appear in person or by\nhis deputy or assistant before any court or any grand jury and exercise\nall the powers and perform all the duties necessary or required to be\nexercised or performed in prosecuting any such person for such offense.\n  15. In any case where the attorney general has authority to institute\na civil action or proceeding in connection with the enforcement of a law\nof this state, in lieu thereof he may accept an assurance of\ndiscontinuance of any act or practice in violation of such law from any\nperson engaged or who has engaged in such act or practice. Such\nassurance may include a stipulation for the voluntary payment by the\nalleged violator of the reasonable costs and disbursements incurred by\nthe attorney general during the course of his investigation. Evidence of\na violation of such assurance shall constitute prima facie proof of\nviolation of the applicable law in any civil action or proceeding\nthereafter commenced by the attorney general.\n  16. (a) Notwithstanding any other law to the contrary, in resolving,\nby agreed judgment, stipulation, decree, agreement to settle, assurance\nof discontinuance or otherwise, any claim or cause of action, whether\nfiled or unfiled, actual or potential, and whether arising under common\nlaw, equity, or any provision of law, a state agency or a state official\nor employee acting in their official capacity shall not have the\nauthority to include or agree to include in such resolution any term or\ncondition that would provide the state agency, official, or employee,\ntheir agent or designee, the settling party, or any third party with\ncontrol or discretion over how any moneys to be paid by the settling\nparty would be used, spent, or allocated.\n  (b) Paragraph (a) of this subdivision shall not apply to any provision\nin the resolution of a claim or cause of action providing (1) moneys to\nbe distributed to the federal government, to a local government, or to\nany holder of a bond or other debt instrument issued by the state, any\npublic authority, or any public benefit corporation; (2) moneys to be\ndistributed solely or exclusively as a payment of damages or restitution\nto individuals or entities that were specifically injured or harmed by\nthe defendant's or settling party's conduct and that are identified in,\nor can be identified by the terms of, the relevant judgment,\nstipulation, decree, agreement to settle, assurance of discontinuance,\nor relevant instrument resolving the claim or cause of action; (3)\nmoneys recovered or obtained by the attorney general where application\nof paragraph (a) of this subdivision is prohibited by federal law, rule,\nor regulation, or would result in the reduction or loss of federal funds\nor eligibility for federal benefits pursuant to federal law, rule, or\nregulation; (4) moneys recovered or obtained by or on behalf of a public\nauthority, a public benefit corporation, the department of taxation and\nfinance, the workers' compensation board, the New York state higher\neducation services corporation, the tobacco settlement financing\ncorporation, a state or local retirement system, an employee health\nbenefit program administered by the New York state department of civil\nservice, the Title IV-D child support fund, the lottery prize fund, the\nabandoned property fund, or an endowment of the state university of New\nYork or any unit thereof or any state agency, provided that all of the\nmoneys received or recovered are immediately transferred to the relevant\npublic authority, public benefit corporation, department, fund, program,\nor endowment; (5) moneys to be refunded to an individual or entity as\n(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan\npayment, charge or surcharge; (ii) a return of seized assets; or (iii) a\npayment made in error; (6) moneys to be used to prevent, abate, restore,\nmitigate or control any identifiable instance of prior or ongoing water,\nland or air pollution; and/or (7) state moneys received as part of any\nstatewide opioid settlement agreements as defined in section 25.18 of\nthe mental hygiene law, to be spent on eligible expenditures as defined\nin section 25.18 of the mental hygiene law.\n  (c) Where an agreed judgment, stipulation, decree, agreement to\nsettle, assurance of discontinuance or other legal instrument resolves\n(1) any claim or any cause of action asserted by a state agency or a\nstate official or employee acting in their official capacity and (2) any\nclaim or cause of action asserted by one or more foreign jurisdictions\nor third parties, paragraph (a) of this subdivision shall only apply to\nthe resolution of the claim or cause of action asserted by the state\nagency, official, or employee.\n  17. The attorney general may investigate and prosecute every person or\nentity charged with the commission of a criminal offense in violation of\nthe laws of this state applicable to any crime that affects the title\nto, encumbrance of, or the possession of real property, including but\nnot limited to deed theft, larceny, criminal possession of stolen\nproperty, offering a false instrument for filing, falsifying business\nrecords, residential mortgage fraud, or scheme to defraud. In all such\nproceedings, the attorney general may appear in person or by the\nattorney general's deputy before any court of record or any grand jury\nand exercise all the powers and perform all the duties in respect of\nsuch actions or proceedings which the district attorney would otherwise\nbe authorized or required to exercise or perform. Nothing herein shall\nin any way abrogate, supersede, or interfere with the authority of the\ndistrict attorney of a county in which an offense occurs to investigate,\ninitiate and/or prosecute any such crime.\n  18. Notwithstanding any other law to the contrary, in any civil\nenforcement action initiated by the attorney-general, neither the\nattorney-general nor the department of law has, or shall be deemed to\nhave, possession, custody, or control of, or the right, authority, or\npractical ability to obtain documents, communications, other\ninformation, or personnel of any agency, entity, or authority other than\nthe department of law.\n