2023 New York Laws › EXC - Executive › Article 5 - Department of Law › 63 - General Duties.

§ 63. General duties. The attorney-general shall:
1. Prosecute and defend all actions and proceedings in which the state
is  interested, and have charge and control of all the legal business of
the departments and bureaus of the state, or of any office thereof which
requires the services of attorney or counsel, in order  to  protect  the
interest  of  the  state, but this section shall not apply to any of the
military department bureaus or military offices of the state. No  action
or  proceeding affecting the property or interests of the state shall be
instituted, defended or conducted  by  any  department,  bureau,  board,
council,  officer,  agency  or  instrumentality  of the state, without a
notice to the attorney-general apprising  him  of  the  said  action  or
proceeding,  the  nature and purpose thereof, so that he may participate
or join therein if in his opinion the interests of the state so warrant.
2. Whenever required by the governor, attend in person, or by  one  of
his  deputies,  any term of the supreme court or appear before the grand
jury thereof for the purpose of managing and conducting in such court or
before such jury criminal actions or proceedings as shall  be  specified
in such requirement; in which case the attorney-general or his deputy so
attending  shall  exercise  all the powers and perform all the duties in
respect of such actions or  proceedings,  which  the  district  attorney
would otherwise be authorized or required to exercise or perform; and in
any  of  such  actions  or  proceedings the district attorney shall only
exercise such powers and perform such duties as are required of  him  by
the attorney-general or the deputy attorney-general so attending. In all
such  cases all expenses incurred by the attorney-general, including the
salary or other compensation of all deputies employed, shall be a county
charge.
3. Upon request of the  governor,  comptroller,  secretary  of  state,
commissioner  of  transportation,  superintendent of financial services,
commissioner of taxation and finance, commissioner of motor vehicles, or
the state inspector general,  or  the  head  of  any  other  department,
authority,  division  or  agency  of  the state, investigate the alleged
commission of any indictable offense or offenses in violation of the law
which the officer making the request is especially required  to  execute
or  in  relation  to  any matters connected with such department, and to
prosecute the person or persons believed to have committed the same  and
any crime or offense arising out of such investigation or prosecution or
both,  including  but not limited to appearing before and presenting all
such matters to a grand jury.
4. Cause all persons indicted for corrupting or attempting to  corrupt
any  member  or  member-elect of the legislature, or the commissioner of
general services, to be brought to trial.
5. When required by the comptroller or the  superintendent  of  public
works,  prepare  proper  drafts  for  contracts,  obligations  and other
instruments for the use of the state.
6. Upon receipt thereof, pay into the treasury all moneys received  by
him for debts due or penalties forfeited to the people of the state.
7.  He  may,  on  behalf  of the state, agree upon a case containing a
statement of the facts and submit a controversy for decision to a  court
of record which would have jurisdiction of an action brought on the same
case. He may agree that a referee, to be appointed in an action to which
the  state  is a party, shall receive such compensation at such rate per
day as the court in the order of reference may specify. He may with  the
approval  of  the  governor retain counsel to recover moneys or property
belonging to the state, or to the  possession  of  which  the  state  is
entitled,  upon  an agreement that such counsel shall receive reasonable
compensation, to be fixed by the attorney-general, out of  the  property
recovered, and not otherwise.
8.  Whenever  in  his  judgment  the  public interest requires it, the
attorney-general may, with  the  approval  of  the  governor,  and  when
directed  by  the  governor,  shall, inquire into matters concerning the
public peace, public safety and public justice. For such purpose he may,
in  his  discretion,  and without civil service examination, appoint and
employ, and at  pleasure  remove,  such  deputies,  officers  and  other
persons  as  he  deems  necessary,  determine their duties and, with the
approval of the governor, fix their compensation. All appointments  made
pursuant  to  this  subdivision  shall  be  immediately  reported to the
governor, and shall not be  reported  to  any  other  state  officer  or
department.  Payments  of  salaries  and  compensation  of  officers and
employees and of the expenses of the inquiry shall be made out of  funds
provided  by the legislature for such purposes, which shall be deposited
in a bank or trust  company  in  the  names  of  the  governor  and  the
attorney-general,   payable   only   on   the  draft  or  check  of  the
attorney-general, countersigned by the governor, and such  disbursements
shall   be   subject  to  no  audit  except  by  the  governor  and  the
attorney-general. The attorney-general, his deputy,  or  other  officer,
designated  by  him,  is  empowered  to subpoena witnesses, compel their
attendance, examine them under oath before himself or a  magistrate  and
require  that  any  books,  records,  documents  or  papers  relevant or
material  to  the  inquiry  be  turned  over  to  him  for   inspection,
examination or audit, pursuant to the civil practice law and rules. If a
person  subpoenaed to attend upon such inquiry fails to obey the command
of a subpoena without reasonable cause, or if  a  person  in  attendance
upon such inquiry shall, without reasonable cause, refuse to be sworn or
to  be  examined  or to answer a question or to produce a book or paper,
when ordered so to do by the officer conducting such inquiry,  he  shall
be guilty of a misdemeanor. It shall be the duty of all public officers,
their  deputies,  assistants and subordinates, clerks and employees, and
all other persons, to render and furnish to  the  attorney-general,  his
deputy  or other designated officer, when requested, all information and
assistance in their possession and within their power.  Each  deputy  or
other officer appointed or designated to conduct such inquiry shall make
a  weekly  report  in  detail  to  the  attorney-general,  in form to be
approved by the governor and the attorney-general, which report shall be
in duplicate, one copy of which shall be forthwith, upon its receipt  by
the  attorney-general,  transmitted  by him to the governor. Any officer
participating in such inquiry and any person examined as a witness  upon
such inquiry who shall disclose to any person other than the governor or
the attorney-general the name of any witness examined or any information
obtained  upon  such  inquiry, except as directed by the governor or the
attorney-general, shall be guilty of a misdemeanor.
9. Bring and prosecute or defend upon request of the  commissioner  of
labor  or  the  state  division  of  human  rights,  any civil action or
proceeding, the institution or defense  of  which  in  his  judgment  is
necessary  for  effective  enforcement of the laws of this state against
discrimination by reason of  age,  race,  sex,  creed,  color,  national
origin,  sexual  orientation,  gender  identity  or expression, military
status,  disability,  predisposing  genetic  characteristics,   familial
status,  marital  status, citizenship or immigration status, or domestic
violence victim status, or for enforcement of any order or determination
of such commissioner or division made pursuant to such laws.
10. Prosecute every person charged with the commission of  a  criminal
offense  in  violation  of  any  of  the  laws  of  this  state  against
discrimination because of age, race, sex, creed, color, national origin,
sexual orientation, gender  identity  or  expression,  military  status,
disability,   predisposing  genetic  characteristics,  familial  status,

marital status, citizenship or immigration status, or domestic  violence
victim  status, in any case where in his judgment, because of the extent
of the offense, such prosecution cannot be effectively carried on by the
district attorney of the county wherein the offense or a portion thereof
is alleged to have been committed, or where in his judgment the district
attorney  has  erroneously  failed  or refused to prosecute. In all such
proceedings, the attorney-general may appear in person or by his  deputy
or  assistant  before  any  court or any grand jury and exercise all the
powers and perform  all  the  duties  in  respect  of  such  actions  or
proceedings which the district attorney would otherwise be authorized or
required to exercise or perform.
11.  Prosecute  and  defend  all actions and proceedings in connection
with safeguarding and enforcing the state's remainder  interest  in  any
trust  which meets the requirements of subparagraph two of paragraph (b)
of subdivision two of section three  hundred  sixty-six  of  the  social
services law.
12. Whenever any person shall engage in repeated fraudulent or illegal
acts  or  otherwise  demonstrate  persistent  fraud or illegality in the
carrying on, conducting or transaction of business, the attorney general
may apply, in the name of the people of the state of New  York,  to  the
supreme  court  of the state of New York, on notice of five days, for an
order enjoining the continuance of such  business  activity  or  of  any
fraudulent or illegal acts, directing restitution and damages and, in an
appropriate  case,  cancelling any certificate filed under and by virtue
of the provisions of section four hundred forty of the former penal  law
or section one hundred thirty of the general business law, and the court
may  award  the  relief  applied  for  or so much thereof as it may deem
proper. The word "fraud" or "fraudulent" as used  herein  shall  include
any   device,   scheme   or  artifice  to  defraud  and  any  deception,
misrepresentation,  concealment,  suppression,  false  pretense,   false
promise  or  unconscionable contractual provisions. The term "persistent
fraud" or "illegality" as  used  herein  shall  include  continuance  or
carrying  on  of  any  fraudulent  or  illegal  act or conduct. The term
"repeated" as used herein shall include repetition of any  separate  and
distinct  fraudulent  or illegal act, or conduct which affects more than
one  person.  Notwithstanding  any  law  to  the  contrary,  all  monies
recovered  or obtained under this subdivision by a state agency or state
official or employee acting in their official capacity shall be  subject
to subdivision eleven of section four of the state finance law.
In  connection  with  any  such  application,  the attorney general is
authorized to take proof and make a determination of the relevant  facts
and  to  issue  subpoenas  in accordance with the civil practice law and
rules. Such authorization shall not abate or terminate by reason of  any
action or proceeding brought by the attorney general under this section.
13.  Prosecute  any  person for perjury committed during the course of
any investigation conducted by the attorney-general pursuant to statute.
In all such proceedings, the attorney-general may appear in person or by
his deputy or assistant before any court or any grand jury and  exercise
all  the  powers  and perform all the duties necessary or required to be
exercised or performed in prosecuting any such person for such offense.
15. In any case where the attorney general has authority to  institute
a civil action or proceeding in connection with the enforcement of a law
of   this  state,  in  lieu  thereof  he  may  accept  an  assurance  of
discontinuance of any act or practice in violation of such law from  any
person  engaged  or  who  has  engaged  in  such  act  or practice. Such
assurance may include a stipulation for the  voluntary  payment  by  the
alleged  violator  of the reasonable costs and disbursements incurred by
the attorney general during the course of his investigation. Evidence of

a violation of such assurance shall  constitute  prima  facie  proof  of
violation  of  the  applicable  law  in  any  civil action or proceeding
thereafter commenced by the attorney general.
16.  (a)  Notwithstanding any other law to the contrary, in resolving,
by agreed judgment, stipulation, decree, agreement to settle,  assurance
of  discontinuance  or  otherwise, any claim or cause of action, whether
filed or unfiled, actual or potential, and whether arising under  common
law, equity, or any provision of law, a state agency or a state official
or  employee  acting  in  their  official  capacity  shall  not have the
authority to include or agree to include in such resolution any term  or
condition  that  would  provide the state agency, official, or employee,
their agent or designee, the settling party, or  any  third  party  with
control  or  discretion  over  how any moneys to be paid by the settling
party would be used, spent, or allocated.
(b) Paragraph (a) of this subdivision shall not apply to any provision
in the resolution of a claim or cause of action providing (1) moneys  to
be  distributed  to the federal government, to a local government, or to
any holder of a bond or other debt instrument issued by the  state,  any
public  authority,  or  any public benefit corporation; (2) moneys to be
distributed solely or exclusively as a payment of damages or restitution
to individuals or entities that were specifically injured or  harmed  by
the  defendant's or settling party's conduct and that are identified in,
or  can  be  identified  by  the  terms  of,  the   relevant   judgment,
stipulation,  decree,  agreement to settle, assurance of discontinuance,
or relevant instrument resolving the  claim  or  cause  of  action;  (3)
moneys  recovered  or obtained by the attorney general where application
of paragraph (a) of this subdivision is prohibited by federal law, rule,
or regulation, or would result in the reduction or loss of federal funds
or eligibility for federal benefits pursuant to federal  law,  rule,  or
regulation; (4) moneys recovered or obtained by or on behalf of a public
authority,  a public benefit corporation, the department of taxation and
finance, the workers' compensation board,  the  New  York  state  higher
education   services   corporation,  the  tobacco  settlement  financing
corporation, a state or local  retirement  system,  an  employee  health
benefit  program  administered by the New York state department of civil
service, the Title IV-D child support fund, the lottery prize fund,  the
abandoned  property fund, or an endowment of the state university of New
York or any unit thereof or any state agency, provided that all  of  the
moneys received or recovered are immediately transferred to the relevant
public authority, public benefit corporation, department, fund, program,
or  endowment;  (5)  moneys to be refunded to an individual or entity as
(i) an overpayment of a tax, fine, penalty, fee, insurance premium, loan
payment, charge or surcharge; (ii) a return of seized assets; or (iii) a
payment made in error; (6) moneys to be used to prevent, abate, restore,
mitigate or control any identifiable instance of prior or ongoing water,
land or air pollution; and/or (7) state moneys received as part  of  any
statewide  opioid  settlement  agreements as defined in section 25.18 of
the mental hygiene law, to be spent on eligible expenditures as  defined
in section 25.18 of the mental hygiene law.
(c)  Where  an  agreed  judgment,  stipulation,  decree,  agreement to
settle, assurance of discontinuance or other legal  instrument  resolves
(1)  any  claim  or  any cause of action asserted by a state agency or a
state official or employee acting in their official capacity and (2) any
claim or cause of action asserted by one or more  foreign  jurisdictions
or  third parties, paragraph (a) of this subdivision shall only apply to
the resolution of the claim or cause of action  asserted  by  the  state
agency, official, or employee.
* 17.  The attorney general may investigate and prosecute every person
or entity charged with the commission of a criminal offense in violation
of the laws of this state applicable to any crime that affects the title
to, encumbrance of, or the possession of real  property,  including  but
not  limited  to  deed  theft,  larceny,  criminal  possession of stolen
property, offering a false instrument for  filing,  falsifying  business
records,  residential  mortgage fraud, or scheme to defraud. In all such
proceedings, the attorney  general  may  appear  in  person  or  by  the
attorney  general's  deputy before any court of record or any grand jury
and exercise all the powers and perform all the  duties  in  respect  of
such  actions or proceedings which the district attorney would otherwise
be authorized or required to exercise or perform. Nothing  herein  shall
in  any  way abrogate, supersede, or interfere with the authority of the
district attorney of a county in which an offense occurs to investigate,
initiate and/or prosecute any such crime.
* NB Effective July 19, 2024