Skip to content
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In
PUBLIC RESOURCES           NEWSROOM           CONTACT US
Log In
National Association of Attorneys General
  • For Members
    • How Do I…?
    • Member Benefits
    • Scholarships & Nominations
    • Specialized Services
    • Committees
    • Office Support
    • Member Directory
    • Account & Access
  • Events & Training
    • Event Calendar
    • Upcoming Programs
    • Training Opportunities
    • On-Demand Resources
    • CLE Credit
    • Mobile Training Requests
    • Our Faculty
  • Resources
    • Policy Letters
    • Reports & Publications
    • Research & Data
    • Attorney General Journal
    • Newsroom
    • Databases & Tools
    • Public Resources
  • Attorney Generals
    • What Attorneys General Do
    • Attorneys General Office 101
    • Find my AG
    • How AGs Are Selected
    • Issues Attorney Generals Work On
    • Consumer Complaint Guidance
    • Attorney General Elections
    • Past Attorneys General
    • Careers in Attorney General Offices
  • NAMFCU
    • History of NAMFCU
    • About NAMFCU
    • NAMFCU
    • About the Medicaid Fraud Control Units
    • NAMFCU Trainings
    • MFCU Member Hub
    • Reporting Fraud and Abuse
    • Careers with a MFCU
  • About
    • About Us
    • NAAG History
    • Leadership
    • Staff
    • Regions
    • Careers at NAAG
    • FAQs
    • SAGE
    • Contact Us
  • Log In

Only Attorney General, Not Other Attorneys for the State, May Submit Evidence on Review of State Records

Home / NAAG, Attorneys General / Only Attorney General, Not Other Attorneys for the State, May Submit Evidence on Review of State Records
November 17, 2023 NAAG, Attorneys General, Powers and Duties
Share this

Plaintiff, the Commissioner of the New York State Department of Agriculture and Markets, sought a default judgment against defendant, alleging that after the agency conducted two audits of the defendant’s retail store, plaintiff imposed fines on defendant for violations of New York’s agricultural laws, and defendant failed to respond. The court found that there was proper service and that the defendant had not responded, but that the plaintiff had failed to prove its claim.

Although the standard for proof of claim is not stringent, the court characterized as “too thin” the Commissioner’s allegations that plaintiff conducted inspections of defendant’s operation and found conditions that violated the law and that pursuant to those inspections, plaintiff imposed penalties of $600 and $1,200. The court next addressed the admissibility of the “thin” evidence presented.  A lawyer at the Department of Agriculture and Markets who did not herself do the inspections reviewed the records of the Department and submitted an affidavit. The Commissioner argued that this was permitted by New York civil practice rules, which permit a prima facie case to be made via “an attorney from the office of the attorney general who has or obtains knowledge of such facts through review of state records or otherwise” (CPLR 3215[f]).  Although the affiant in this case was not in the attorney general’s office, the Commissioner asserted that she had the authority of the attorney general’s office because of a 1991 memorandum which authorized the Agriculture Department’ s attorneys to “commence and prosecute all new actions to recover civil penalties assesse[d] by [his] Department for violation of the Agriculture and Markets Law.”  Because several sections of the Agriculture and Markets Law allow the Attorney General to either bring an action himself or authorize the Counsel of the Department to bring such action, the Attorney General in 1991 exercised his discretion to authorize the Agriculture and Markets Department itself to bring enforcement actions.

The court rejected the Commissioner’s argument, stating,

Nowhere does the Memo state that then Attorney General Abrams was appointing Agriculture and Markets Department attorneys as assistant attorney generals in perpetuity. . . Indeed, it would take an affirmative act of the Attorney General to appoint Department counsel as assistant attorney generals (Executive Law §62).
However, the word “appoint” is not even used in the memorandum. To interpret the Memo as appointing Department counsel as assistant attorney generals would usurp the Attorney General’s power. More importantly, to permit or to condone such a usurpation would be an insult to the dignity of the office of Attorney General. The court declines to read the Memo in such a manner.

The court also noted that even if the Memo could be read this way, N.Y. Public Officers Law §10 requires “[e]very officer shall take and file the oath of office required by law before he shall be entitled to enter upon the discharge of any of his official duties.” The Commissioner did not include such an oath, so there is no indication that “plaintiff’s lawyers are vested with the power to act as assistant attorney generals.“ Because proof of the facts is insufficient, no default judgment can be entered. Ball v. Kpshah NY, 2023 NYLJ LEXIS 626 (N.Y. S.Ct. Mar. 16, 2023).

Related Posts

Related Posts

Shows no photo available image placeholder

Connecticut Attorney General William Tong Elected as President of National Association of Attorneys General

Shows no photo available image placeholder

Kate Donoven Appointed Director of the NAAG Center for Consumer Protection

Shows no photo available image placeholder

National Association of Attorneys General Announces Winners for 2025 Supreme Court Best Brief Awards

Latest News

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule April 17, 2026
  • Supreme Court Report, Volume 33, Issue 10 April 8, 2026
  • Supreme Court Report, Volume 33, Issue 9 April 1, 2026
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine March 31, 2026
  • Supreme Court Report, Volume 33, Issue 8 March 23, 2026

Recent Posts

  • Bipartisan Coalition of 45 Attorneys General Backs Pharmacy Benefit Manager (PBM) Transparency Rule
  • Supreme Court Report, Volume 33, Issue 10
  • Supreme Court Report, Volume 33, Issue 9
  • Bipartisan Coalition of Attorneys General Urges Congress to Pass Legislation Against Illicit Xylazine
  • Supreme Court Report, Volume 33, Issue 8

Stay Connected

Get NAAG updates and training alerts.

Create an account and then select your preferred mailings (otherwise, we will send you everything).

Create Account
Set Marketing Preferences
Log In to Your Account
White Logo for the National Association of Attorneys General

1850 M Street NW, Suite 1200
Washington, DC  20036
Telephone: (202) 326-6000
support@naag.org

Our Work

  • Bankruptcy
  • Consumer Protection
  • Tobacco and Public Health
  • Center for Supreme Court Advocacy

Resources

  • Attorney General Journal
  • CLE Policy and Guidelines
  • Event Calendar
  • NAAG Policy Letters
  • Reports & Publications

ABOUT

  • Leadership
  • Staff
  • NAAG History
  • Mission Foundation
  • Careers at NAAG
  • Contact Us

© 2026 Copyright National Association of Attorneys General

Website by Yoko Co

Internal Feedback / Report an Error

Request an Update / Report an Error

The change you are requesting will be linked to this page. The URL for the page will be included in a hidden field when the form is submitted.
Please enter your change or describe your request. Be sure to reference where the error appears on the page and what needs to be done specifically.
Upload any files that need to be linked to this page. PDF only. Submit another request if you have more than five files to upload.
Drop files here or
Accepted file types: pdf, docx, xls, Max. file size: 128 MB, Max. files: 5.

    Who is requesting this change?(Required)
    Scroll To Top

    Insert/edit link

    Enter the destination URL

    Or link to existing content

      No search term specified. Showing recent items. Search or use up and down arrow keys to select an item.
        This site is registered on Toolset.com as a development site.
        To provide you more clarity about how we collect, store and use personal information, and your rights to control that information, we have updated our privacy policy, which also explains how we use cookies. You consent to our cookies if you continue to use our website.