N.Y. Executive 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.

18. Notwithstanding any other law to the contrary, in any civil

enforcement action initiated by the attorney-general, neither the

attorney-general nor the department of law has, or shall be deemed to

have, possession, custody, or control of, or the right, authority, or

practical ability to obtain documents, communications, other

information, or personnel of any agency, entity, or authority other than

the department of law.