The mayor of Mount Vernon, New York, is claiming the resignation of Attorney General Eric Schneiderman negates the legal authority of the acting attorney general to pursue a felony case against him.
Richard Thomas is charged with allegedly siphoning campaign and inaugural committee money, the New York Daily News reports.
In a lawsuit filed Monday in Manhattan Supreme Court against acting Attorney General Barbara Underwood, Thomas claims: "As a result of the Attorney General resigning abruptly under a cloud of impropriety, there is no Attorney General. An Acting Attorney General not appointed by the legislature has no authority to take an official action such as seeking an indictment from a grand jury."
Underwood stepped into the role of attorney general following Schneiderman's sudden resignation May 7 following the publication of a New Yorker article containing accusations that he physically abused four women.
Underwood's office told the Daily News: "We look forward to proving our case against the Mayor in court, and will not be distracted."
According to lohud.com, Thomas, 35, was charged in March with using $12,000 from the Friends of Richard Thomas campaign committee to pay the rent on his home, for leased vehicles, college tuition and partially finance a family trip to Mexico.
A complaint filed by the New York State Attorney General's Office also accused Thomas of using his inaugural committee for more than $40,000 in personal spending between 2017 and last year, lohud.com said.
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