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PEOPLE v. GRASSO

42 A.D.3d 126 (2007)

836 N.Y.S.2d 40

THE PEOPLE OF THE STATE OF NEW YORK, by ELIOT SPITZER, Attorney General of the State of New York, Respondent, v. RICHARD A. GRASSO, Appellant, et al., Defendants. (And Other Actions.)

Appellate Division of the Supreme Court of the State of New York, First Department.

May 8, 2007.

Attorney(s) appearing for the Case

Williams & Connolly LLP, Washington, D.C. (Gerson A. Zweifach, Brendan V. Sullivan, Jr., Victoria Radd Rollins, Steven M. Farina and Carl R. Metz of counsel), and Flemming Zulack Williamson & Zauderer LLP, New York City (Mark C. Zauderer and Jonathan D. Lupkin of counsel), for appellant.

Andrew M. Cuomo, Attorney General, New York City (Avi Schick and David Axinn of counsel), for respondent.

BUCKLEY and MALONE, JJ., concur with McGUIRE, J.; MAZZARELLI, J.P., and SAXE, J., dissent in a separate opinion by MAZZARELLI, J.P.

OPINION OF THE COURT

McGUIRE, J.

The central issue on this appeal is whether the Attorney General has the legal authority to assert against defendant Richard A. Grasso four of the six causes of action that the Attorney General asserts against him in his complaint.1 Although these four causes of action, the first, fourth, fifth and sixth causes of action, refer to and rely on various...

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