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Judge refuses to stop state's pension probe

BY ROBERT E. KESSLER | robert.kessler@newsday.com

May 24, 2008

A judge Friday refused to immediately stop state Attorney General Andrew Cuomo and Comptroller Thomas DiNapoli from acting against four attorneys - two from Long Island - who they believe are improperly benefiting from the state pension system.

Justice Gerald Connolly, in State Supreme Court in Albany, said that Cuomo and DiNapoli can continue their actions, pending a final decision in a case brought by four attorneys who have had their pension rights revoked and are under investigation for possible illegal conduct.

The attorneys' lawsuit asserts that pensions cannot be taken away because credit in the pension system, once granted, can't be taken away. It contends that the government, not the lawyers, decided what their service credit should be.

The suit was brought by Nathaniel Swergold of Woodbury, attorney for Hempstead's Sanitary District No. 1, and Mineola attorney Terrence Smolev, who represented the North Merrick School District. Also bringing the suit, which is seeking to represent the class of all officials whom Cuomo and DiNapoli are taking action against, are two upstate attorneys - John Hogan, of Binghamton, a former school district attorney, and Paul Martineau, of Pleasantville, a former village attorney.

One of the attorneys for the four, James Roemer, of Albany, argues that Cuomo's and DiNapoli's actions are unconstitutional and already have generated so much negative publicity that if they continue, their clients would suffer irreparable harm.

John Milgrim, a spokesman for Cuomo, declined to comment. Dennis Tompkins, a spokesman for DiNapoli, said his office was pleased with the judge's decision and believed it would eventually prevail in the overall suit.

Attorneys for the four lawyers did not return call for comment.