"Given that the attorney general and inspector general have closed their investigations and found no violations of law, the appointment of a special prosecutor is unnecessary," Spitzer spokeswoman Christine Anderson said.

Investigations Committee Chairman George Winner, a Republican senator from Elmira, said naming a special prosecutor was "the bipartisan, responsible way to move forward."

Winner said he was surprised Spitzer "continues to stonewall," adding, "I just think that's unfortunate because this whole thing will continue to fester."

In a report last week, Attorney General Andrew Cuomo found that two top Spitzer aides had, with the help of the State Police, gathered information about Senate Majority Leader Joseph Bruno's use of state vehicles in New York City and released it to the media. They were attempting to smear Bruno's reputation, the report said. The aides did not break any laws, nor did the GOP senator's use of the helicopter, Cuomo found.

Spitzer, a Democrat, has said repeatedly that he did not know what his staffers had done. He apologized and disciplined two of them.

Monday, Winner said he sent a letter to Spitzer earlier in the day requesting the governor appoint Cuomo as a special prosecutor "with full subpoena power" to investigate the administration's alleged misuse of the State Police.

In the letter, he said such an inquiry could assure the public Spitzer was not involved.

Winner said the special prosecutor could also be someone appointed by Cuomo.

The scandal came to light after Cuomo released his report last week that two of Spitzer's appointees ?Darren Dopp, communications director, and Richard Baum, secretary to the governor ?declined to be interviewed by Cuomo's investigators. Instead, they submitted sworn statements. Baum has said he was not aware of what Dopp, who was placed on unpaid leave indefinitely, and William Howard, deputy homeland security secretary, were doing. Howard has been reassigned to a position outside Spitzer's office.

Last week, the state Ethics Commission announced its own investigation into the matter.

But Winner questioned the commission's independence, noting members are appointed by the governor and the body has limited jurisdiction. Spitzer has made one appointment to the five-member commission and nominated a current member when he was attorney general.

Meanwhile, Anderson said the governor's office has turned over records to the Ethics Commission. She said the records were delivered Friday and are the same e-mails and other documents turned over to the Attorney General's and Inspector General's offices. They include e-mails involving Baum.

The Attorney General's Office declined to comment on Monday's developments. "The findings of our report speak for themselves," said Jeffrey Lerner, a spokesman for Cuomo.

Bruno said in a statement Monday that he was disappointed the governor rejected the call for a special prosecutor.

"In light of this, the Senate will continue to review all options that are available to assure that we get to the truth and to assure that all who were involved in this unfortunate situation are held accountable."