Riker v. New York State Commission on Government Integrity

Kane, J. P. (dissenting).

I respectfully dissent. In my view, a fair and equitable reading of Civil Rights Law § 73 leads to the conclusion that respondent was required to afford petitioners the protection of having at least two of its members present during petitioners’ subpoenaed testimony. Inherent in such a conclusion is that respondent is a "temporary state commission” for purposes of section 73 (9) application.

In creating respondent, the Governor unequivocally required it to "comply with section 73 of the Civil Rights Law” (Executive Order No. 88.1 [9 NYCRR 4.88]). As the majority points…