New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle A - Governor's Office › Chapter I - Executive Orders › Part 4 - Executive Orders (Mario M. Cuomo) › Section 4.138 - Executive order no. 138: requiring attorney general to supersede district attorney of orleans county with reference to certain proceedings and the investigation of unlawful acts in relation to a conservatorship in orleans county

Current through Register Vol. 46, No. 28, July 10, 2024
TO: THE HONORABLE ROBERT ABRAMS
ATTORNEY GENERAL OF THE STATE OF NEW YORK
STATE CAPITOL
ALBANY, NEW YORK 12224
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, I
					 hereby require that you, the Attorney General of the State, attend in Person,
					 or by one or more of your assistants or deputies, a term or terms of the
					 Supreme Court to be held in and for the County of Orleans, and that you, in
					 Person or by said assistants or deputies, appear before any grand jury 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:
a) any and all unlawful acts or omissions or
				  alleged unlawful acts or omissions by Milford L. Phinney, June A. Bush or any
				  person acting in concert therewith in relation to the conservatorship of
				  Barbara Schmitt and any other offenses joinable in an accusatory instrument
				  charging such offenses;
b) any and
				  all unlawful acts or omissions or alleged unlawful acts or omissions or alleged
				  acts or omissions by any person in relation to an investigation of Milford L.
				  Phinney, June A. Bush or any person acting in concert therewith in relation to
				  the conservatorship of Barbara Schmitt and any offenses joinable in an
				  accusatory instrument charging such offenses;
c) any and all acts and omissions and alleged
				  acts and omissions occurring hereafter to obstruct, hinder or interfere with
				  any inquiry, prosecution, trial or judgment pursuant to or connected with this
				  requirement, 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 terms of
				  court, or 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
				  Orleans 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 Orleans shall exercise only such powers and perform such
				  duties as are required of him by you or your assistants or deputies so
				  attending.
Pursuant to the provisions of subdivision two of section 63 
					 of the Executive Law, all expenses incurred by the Attorney General in relation
					 to the prosecution of the proceedings enumerated herein, including the salary
					 or other compensation of all deputies employed shall be a charge upon the
					 County of Orleans.
Signed: Mario M. CuomoDated: July 13, 1990
[FN*] [Revoked by Executive Order No. 31 (George E.
					 Pataki), infra.]
[FN[DAGGER]] [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.]