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LAW -- AG
Relevant NYS Constitutional &
Statutory Provisions
NYS Constitution
Article I §6
Article V
§1
Article V,
§4
Article XIV §5
Article XIX
§1
Executive Law, Article 5 (Dept of Law)
Executive Law §63
"General duties"
Executive Law
§63-C
"Action by the people for illegal receipt or disposition of public funds
or other property"
Executive Law §65 "Register"
Executive Law §71
"Attorney-general
authorized to appear in cases involving the constitutionality of an act
of the legislature, or a rule or regulation adopted pursuant thereto"
State
Finance Law, Article 7-A (citizen-taxpayer action)
Public
Officers Law §17 "Defense and indemnification of state officers and
employees"
Public
Officers Law §72 "Notice and reports of claims, suits or causes of
action to be given to the attorney general"
&,
in the absence of scholarship,
click here for
some informal analysis
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Attorney General's website
Attorney
General Schneiderman's Public Integrity Bureau
"...The Attorney General has made cracking down on corruption and restoring
the public’s trust in government a top priority for the Office. In 2011, the
Attorney General launched a groundbreaking initiative expanding his office’s
authority to investigate public corruption involving taxpayer funds by
partnering with the state Comptroller. In addition, the Attorney General
designated public integrity officers in every region of the state to give
New Yorkers a place to go to report complaints of government corruption
without the fear of local politics influencing the outcome."
Attorney General James' Public Integrity Bureau
"The Public Integrity Bureau investigates and supports the public's interest
in honest government. When government actors, or private individuals
acting in concert with them, engage in corruption, fraud, or illegal
behavior in the course of their public duties, the bureau may
investigate or take enforcement action to restore the public's interest in
honest government and the integrity of officials at the state and local
level. The bureau handles complex investigations into government corruption,
fraud, and abuse of authority. Although part of the Criminal Justice
Division, the bureau brings cases under both civil and criminal authority,
and may also issue reports about its investigations and findings.
The Attorney General has made a top priority of cracking down on corruption
and restoring the public’s trust in government. The office partners with the
state Comptroller to investigate public corruption involving taxpayer funds.
In addition, the Attorney General has designated public integrity officers
in every region of the state to give New Yorkers a place to report
complaints of government corruption without the fear of local politics
influencing the outcome."
Attorney General Appeals & Opinion Division
Prior -- repealed by 1998
Executive Law
§63.11, with Executive
Law §74 "Advisory committee on ethical standards"
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CASES
Sassower v. Signorelli,
99 AD2d 358 (March 5, 1984) &
here "Nor is
there any merit to the plaintiffs' contention that the Attorney-General
should be disqualified from representing the defendant. The
Attorney-General, by statute (Executive Law 63, subd 1), is 'required to
represent' him (Warren
v. Goldstein, 200 Misc 194, 195 [Steuer, J.])"
Matter of Garcia v. Abrams, (AD3 1983) "Section 17 (subd 2,
par [b]) permits representation by private counsel at State expense only in
those situations where review of the facts makes it apparent that
representation by the Attorney-General would be inappropriate or where a
conflict of interest exists."
Matter of Grzyb v. Constantine, 182 A.D.2d 942 (AD3 1992)
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May 18, 2017 "The
Evolving Powers of the New York State Attorney General" &
here
Gotham Gazette (Ben Brachfeld)
August 30, 2018 "'Taking
on Trump' isn't the job of an attorney general" New York
Post (Seth Barron)
August 30, 2018 "The
Evolution of New York's AG" Albany Times Union-Capitol
Confidential podcast
September 1, 2018 "New
York's AG takes on expanded role" Albany Times Union (David
Lombardo)
November 15, 2018 "Editorial:
Expand state AG's powers" &
here Albany Times Union editorial
Also see
2018 election webpage for AG race
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FOIL REQUESTS
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