N.Y. Comp. Codes R. & Regs. tit. 9 § 3.29
TO: THE HONORABLE LOUIS J. LEFKOWITZ ATTORNEY GENERAL OF THE STATE OF NEW YORK STATE CAPITOL ALBANY, NEW YORK .........................................................................................................................
WHEREAS, On December 23, 1975, I announced my decision that Maurice H. Nadjari be replaced as Special Deputy Attorney General assigned to investigate corruption in the criminal justice system in New York City and that there be an orderly transfer of the functions of that office to a new Special Deputy Attorney General; and
WHEREAS, Special State Prosecutor Nadjari has publicly charged that my decision to replace him was the result of improper influences exerted upon me by unnamed persons; and
WHEREAS, the existence of such unresolved public charges may impair my ability to carry out my constitutional responsibilities as Governor; and
WHEREAS, the charges made by the Special Prosecutor directly relate to the proper administration of justice in this State, and are clearly matters concerning the public peace, public safety and public justice; and
WHEREAS, the public interest demands that these charges be thoroughly and expeditiously investigated and resolved in a fair, impartial and independent inquiry and that a public report be made of the findings of such an investigation;
NOW, THEREFORE, pursuant to Article IV, section three of the Constitution of the State of New York, and the provisions of subdivision eight of section 63 of the Executive Law, and in accordance with the statute and law in such case made and provided, I find it to be in the public interest to require that you inquire into matters concerning the public peace, public safety and public justice with respect to the charges made by Special State Prosecutor Maurice H. Nadjari that my decision to replace him as the Special Deputy Attorney General assigned to investigate corruption in the criminal justice system in New York City was the result of improper influences exerted upon me by unnamed persons, and I so direct you to do so in person or by your assistant or deputies and to have the powers and duties specified in such subdivision eight for the purpose of this requirement, including the power to subpoena witnesses, compel their attendance, examine them under oath before yourself, your assistant or deputy or a magistrate and require the production of any books or papers which are deemed relevant or material to the inquiry. In conducting this inquiry you or any assistant or deputy you may appoint shall, consistent with your responsibility to fully investigate the matters set forth in this requirement, avoid interfering with investigations and grand jury proceedings being conducted pursuant to the orders and requirements to you embodied in Executive Orders fifty-five, fifty-six, fifty-seven, fifty-eight and fifty-nine, dated September nineteen, one thousand nine hundred seventy-two, and continued by my Executive Order Number One, dated January one, one thousand nine hundred seventy-five. In this regard, I specifically recommend that any assistant or deputy appointed by you in connection with this requirement refrain from taking any action which may result in the conferral of immunity upon any witness, except upon your express approval.
Signed: Hugh L. Carey
Dated: January 28, 1976
N.Y. Comp. Codes R. & Regs. Tit. 9 § 3.29