If you have issues viewing or accessing this file contact us at NCJRS.gov. l' National Criminal Justice Reference Service NEW YORK STATE DEPARTMENT OF LAW ATTORNEY GENERAL ROBERT ABRAMS This microfiche was produced from documents received for Aliil4§Rft inclusion in the NCJRS data base. Since NCJRS cannot exercise Ai *H4MW*"M control over the physical condition of the documents submitted, the individual frame quality will vary. The resolution chart on this frame may be used to evaluate the document quality. 1.0 11111 1.1 111111.25 11111 1.4 11111 /.6 MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A Microfilming procedures used to create this fiche comply with ~. the standards set forth in 41CFR 101-11.504. "'-1 Points of view or opinions stated in this document are ' ' " those of the author(s) and do not represe;Jt the official ':', ..... position or policies of the U. S. Department of Justice. "." THE ANNUAL REPORT OF National Institute of Justice .~ , THE ATTORNEY GENERAL United States Department of Justice Washington, D. C. 20531 OF NEW YORK STATE 1979 '~ \ " : 8/11/83 • , ~.-, r NEW YORK STATE DEPARTMENT OF LAW ATTORNEY GENERAL ROBERT ABRAMS r; '. ?('. '-"i t.,' .• ..:., ,':"1, ~'''7<; r; !. :lo._ U.S. Department of Justice Nalionallnstitute of Justice This document has been reproduced exactly as received from the person or organization originating it. Points of view or opinions stat~d in this document are those of the authors and do not necessarily represent the official position or policies of the National Institute of Justice. Permission to reproduce this copyrighted material has been granted by New York Department of Law to the National Criminal Justice Reference Service (NCJRS). Further reproduction outside of the NCJRS system requires permis· sion of th e copyright owner. TIlE ANNUAL REPORT OF rrHE ATTORNEY GENERAL OF NEW YORK STATE 1979 " --~---------- --------- ----~---- STATE OF NEW YORK DEPARTMENT OF LAw ROBERT ABRAMS. ALBANY 12224 ATTORNEY GENERAL TO THE GOVERNOR AND THE LEGISLATURE: Pursuant to Section 68 of the Executive law, I hereby submit the Annual Report of the Department of law for the year 1979. Respectfully, ;f~~ ROBERT ABRAMS Attorney General ROBERT ABRAMS A ttorney General Robert Abrams is New York State's 60th Attorney General. Born on July 4,1938, Mr. Abrams attended New York City public schools, Columbia College and New York University School of L'lw. Mr. Abrams served in the New York State Assembly from 1965-1969 and as Bronx Borough President from 1970-1978. He was elected Attorney General in November 1978 and was inaugurated on January 1, 1979. Prior to entering public service, Mr. Abrams was engaged in the private practice of law. Mr. Abrams Jives in New York City with his wife Diane and their daughter Rachel. ----~------------ --------------------------------~---------------------------- -- r \ f I ! I II, !; \1 ~ ~ u TABLE OF CONTENTS ! ,i INTRODUCTION INTRODUCTION REORGANIZATION . 1 DIVISION OF PUBLIC ADVOCACY Anti-Monopolies. 5 Charities, Trusts & Estates. .7 Civil Rights. .10 Consumer Frauds & Protection .12 My first year as Attorney General has been a challenging U.A. also supported my belief that among the most Consumer Education .15 and rewarding experience. The Department of Law is a serious problems facing this Department are the grave Energy & Utilities .16 large and complex agency, with nearly 500 lawyers, a total deficiencies in support services. We have insufficient clerical Education . .17 of over 1,000 employees and a budget of $24 million. and administrative personnel and serious turnover problems Environmental Protection .18 among these groups resulting from low salaries. As a result, Investigation . .20 In becoming familiar with the many broad and diverse responsibilities of this agency at the beginning of my term, our Department's attorneys are forced to spend significant Investor Protection and Securities .20 amounts of time doing non-legal work, which could more Real Estate Financing . .22 I have learned to respect and appreciate the many achieve­ ments of previous Attorneys General, particularly my im­ efficiently be performed by paralegal or clerical personnel. mediate predecessor Louis J. Lefkowitz, who brought many Improved support services, including added personnel as DIVISION OF APPEALS & OPINIONS . .27 innovations to the office in his 22 years as Attorney Gen­ well as advanced word processing technology, was the eral. major focus of my appeal to the Legislature regarding the DIVISION OF STATE COUNSEL It was clear to me that, as the first new Attorney Gen­ 1980-81 budget. Claims . 31 eral in some time, I would benefit from having an indepen­ While these management and organizational issues have Employment Security 38 dent, outside analysis of the office to help me understand been of great importance during this year, my highest per­ Labor 39 its structure and the interrelationships of its many func­ sonal priority has been to assure that every effort is devoted Legislation. .40 tional units and to assist in planning change. For that pur­ to recruiting and hiring the most talented attorneys for our Litigation . .41 pose, we contracted with the Institute of Judicial Adminis­ legal staff. For the first time in the Department's history, Mental Hygiene .46 tration, a not-for-profit management consultant which we have .launched an aggressive on-ca.mpus recruitment pro­ Real Property . .48 specializes in analyzing legal offices and judicial systems. gram at law schools throughout the State and nation. We Special Prosecutions. .48 The I.J.A., which is affiliated with the New York University have also created an honors program to attract the highest School of Law, began their work early in 1979 and com­ quality law school graduates, and we have placed new pleted the first phase of their management and organiza­ emphasis on a summer internship program to give law REGIONAL OFFICES tional study in December. Throughout the year, however, students a first-hand sense of the excitement and challenge we worked very closely with LJ.A., and many changes were of working in our Departmen t. Auburn .. .53 made with their advice, while their study was ongoing. Most Binghamton .54 significan tly, we implemented a complete restructuring of We have also taken steps designed to constantly improve Buffalo . .54 the Law Department, with the creation of three new legal the quality of work performed by our existing legal staff. Hauppauge. .56 divisions, the Division of Public Advocacy, the Division of An aggressive legal training program has been designed for Monticello . .57 Appeals and Opinions and the Division of State Counsel. implementation in 1980, and I have insisted on a complete Plattsburgh . .57 This restructuring is discussed fully in the Reorganization commitment to public service by our lawyers by issuing an Poughkeepsie .58 section of this Annual Report. Executive Order banning any outside professional practice. Rochester .59 Syracuse .60 LJ.A. also stressed the urgency of modernizing the We have also seen in the past year a number of program­ Utica .60 Attorney General's office in a variety of ways, and in con­ matic initiatives, emphasizing areas where the office can Watertown. .61 sultation with them, we have begun the lengthy process of provide better protection to our State's consumers during a computerizing our recordkeeping and filing functions. This time of serious economic difficulties. I formed an Energy process, which will take several years, will ultimately and Utilities Section, described more fully in the body of ADMINISTRATION .65 involve computerizing our 66,000 annual broker-deal state­ this Report, to advocate the consumers' interest in proceed­ ments, our 18,000 charitable filings, and the docketing of ings involving the cost of energy and electric, gas and tele­ SELECTED STATISTICAL & FINANCIAL REPORT .67 our more than 30,000 annual pieces of litigation, assuming phone services. We launched a statewide anti-price gouging that budgetary support is coming from the Legislature. program in an attempt to prevent steep, unjustified in- LAW DEPARTMENT STAFF .72 ------~~- - - ----- -----------.--.-~ ------~ --- - ----------------.-- - creases in the cost of gasoline during the summer of 1979 more accessible to local consumers and more responsive to REORGANIZATION and in the prices of home heating oil during the winter of local needs. An Outreach program was implemented, under 1979-80. which attorneys from our regional offices visit every county in the State on a regular basis in order to take consumer Another new initiative to protect consumers was taken complaints. Through this program, residents of our State's in the New York City metropolitan area, where evidence of more rural areas have the assistance of the Attorney Gen­ repeated and flagrant violations of local rent control laws eral's many powers to protect consumers for the first time. came to our attention. A number of investigations were launched resulting in significant refunds for tenants, and While some of the actions undertaken in 1979 had im­ the issue is expected to continue to command a great deal mediate and tangible results, many will only bear fruit in of our attention in 1980. the months and years to come as we continue to upgrade and improve the Department so as to provide the best possi­ The growing national concern over the problem of im­ ble legal representation to our State and its people. properly buried toxic wastes was reflected in our office as an investigation of the catastrophic occurrences at Love Sincerely, The reorganization of the Law Department began this The Division of Appeals and Opinions centralizes re­ Canal in Niagara Falls became the single largest invllstiga­ year, with many of the changes based on recommendations sponsibility for all appeals all over the state, a function tion in the Department. Litigation in that case is expected made in the study by the Institute of Judicial formerly divided along geographic lines between upstate in 1980.