Mastro withdraws, Caban resigns as Adams administration faces twin setbacks

September 12, 2024 Robert Abruzzese, Courthouse Editor

Randy Mastro, a former federal prosecutor and nominee for corporation counsel, withdrew his name following intense scrutiny from the City Council. Photo courtesy of Alex Krales/THE CITY

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Mayor Eric Adams faced two setbacks this week as his nominee for New York City’s top legal position Randy Mastro withdrew from consideration, and Police Commissioner Edward Caban resigned amidst federal investigations into high-ranking officials in the Adams administration.

Mastro, a former aide to Mayor Rudolph Giuliani, asked Adams to withdraw his nomination for corporation counsel after a contentious City Council hearing last month. Mastro’s legal career, which included representing Chevron in pollution litigation and fast-food restaurant owners in opposition to minimum wage hikes, drew sharp criticism from council members.

“New Yorkers have a right to expect more from their elected officials,” Mastro wrote in a letter to Adams, claiming the hearing was “anything but fair.”

City Council Speaker Adrienne Adams expressed concern that Mastro’s client list conflicted with the city’s long-term interests, and a letter from Latino members of the Council urged the mayor to pull the nomination. Mastro had his defenders, with Council Member Robert Holden calling the process a “politically motivated inquisition.” In the end, the opposition was strong enough to ensure Mastro would not secure the required votes.

Mastro’s withdrawal comes as the mayor’s administration faces federal investigations, which include scrutiny of his campaign fundraising and a civil sexual assault lawsuit. The probe has already led to the seizure of phones belonging to several high-ranking city officials, including Edward Caban, the city’s first Latino police commissioner, who announced his resignation Thursday.

Caban, appointed by Adams in July 2023, resigned eight days after federal agents took his phone as part of a criminal investigation. He cited his inability to focus fully on the job, given the “news around recent developments.” According to The New York Times, the investigation involves a nightclub security business owned by his twin brother, a former police officer.

The resignation of Caban, a veteran of the NYPD since 1991, further destabilizes the Adams administration, already reeling from multiple federal probes. Scott Stringer, the former city comptroller and a likely challenger to Adams in the next mayoral race, called the situation troubling.

“Mayor Adams’s rudderless and chaotic City Hall has caused dysfunction and a leadership vacuum at the NYPD,” Stringer said in a statement.

Former corporation counsel resigned after reportedly clashing with mayor’s inner circle

Justice Sylvia Hinds-Radix, who resigned from her position as New York City’s corporation counsel in May, had clashed with Mayor Eric Adams’ office over a range of legal disputes. Reports indicate that she resisted representing a top mayoral aide, Timothy Pearson, in a sexual harassment lawsuit. Despite her objections, the administration ultimately hired outside counsel to defend Pearson. This incident contributed to a growing rift between Justice Hinds-Radix and City Hall, reportedly leading to her departure after two and a half years in the role.

In addition to the Pearson case, Hinds-Radix frequently disagreed with the administration’s handling of asylum-seeker litigation, according to the New York Times. The Mayor’s Office sought more rapid and flexible legal responses to the influx of migrants, while Hinds-Radix, a former Kings County Supreme Court and Appellate Division, Second Department judge, allegedly wanted a measured approach, rooted in legal precedent. Her unwillingness to compromise on these issues reportedly created tension with the mayor’s inner circle, who were frustrated by her more deliberate style.

Hinds-Radix’s exit left the city without a permanent corporation counsel for months, with Mastro later nominated to replace her. Now that Mastro has withdrawn his nomination. It is likely to complicate the leadership transition in the city’s Law Department. Hinds-Radix, who was highly regarded for her integrity, has remained largely silent about her departure. However, in a commencement speech shortly before leaving, she urged future lawyers to maintain honesty and ethical standards, even in challenging situations.