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 4.115 - Executive order no. 115: requiring attorney general to supersede district attorney of hamilton county with reference to certain criminal investigations and proceedings involving judge william h. intemann, jr

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, and
					 in view of the request of the District Attorney of Hamilton County, I hereby
					 require that you, the Attorney General of this State, as you deem appropriate
					 and necessary after investigation, 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 Hamilton for the term of court commencing on or about January third,
					 nineteen hundred eighty-nine and any other term or terms of the Supreme Court
					 in and for the County of Hamilton, 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:
(a) the investigation into alleged
				  unlawful acts or omissions by Judge William H. Intemann, Jr. and by any person
				  in relation to the conduct and incidents involving Judge William H. Intemann,
				  Jr.; and
(b) as you deem
				  appropriate and necessary after investigation, the prosecution of any and all
				  alleged unlawful acts or omissions by Judge William H. Intemann, Jr., and by
				  any person in relation to the conduct and incidents involving Judge William H.
				  Intemann, Jr.; and that you investigate, 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 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 Hamilton 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 Hamilton 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 Hamilton.
Signed: Mario M. CuomoDated: December 19, 1988
[FN*] [Revoked by Executive Order No. 31 (George E.
					 Pataki), infra.]
[FN[DOUBLE 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.]