One week before the election, Staten Island Borough President Guy Molinari announced that Burstein was not qualified to serve as attorney general because she was a lesbian.

The combination of Molinari's remarks, a strong national Republican showing, and the win of George Pataki in the governor's race, led to Vacco narrowly defeating Burstein.

[3] Vacco played a prominent role in New York City Mayor Rudy Giuliani's attempt to require Time Warner Cable to carry the Fox News Channel.

The investigation "centered on whether Vacco’s firm had an illegal contingency-fee contract with a Rochester businessman in exchange for helping him win a casino deal with an Oklahoma tribe."

[9][10] In 2017, Vacco unsuccessful defended controversial Buffalo School Board member, Carl Paladino after his employment was terminated for misuse of confidential information and making what many called racist comments about former president Barack Obama during a magazine interview.

After a hearing before the New York State education committee, it was determined that the Buffalo School Board had the right to terminate Carl Paladino’s employment, no further legal action was taken by either parties involved.