ALBANY, N.Y. (AP) – Governor Pataki said Friday he has asked a former federal prosecutor to determine if the case against embattled state Comptroller Alan Hevesi warrants removing him from office for failing to pay the state during the three years he used a state employee to chauffeur his ailing wife.

Mr. Pataki said he was naming former U.S. Attorney David Kelley, a Democrat, to conduct the review. The governor hoped Mr. Kelley would report back to him within a week. Mr. Pataki said he would then determine whether he should seek Mr. Hevesi’s removal from office by a trial in the state Senate.

Mr. Hevesi, a Queens Democrat, is in the fight of his political life after he was accused by the state Ethics Commission on Monday of violating state law by failing to reimburse the state for the use of a staffer to drive his wife from 2003 to mid-2006. There have already been calls for his resignation, his political support even among allies is eroding and newspapers around the state are either calling for his resignation or endorsing his Republican opponent, J. Christopher Callaghan.

“This is a sad day for New Yorkers,” Mr. Pataki said. “We have to have confidence in not just our electoral process, but also in our elected officials and I will do everything in my powers to make sure that continues to be the case for the people of New York.”

Attorney General Spitzer, the front-runner in the governor’s race, is also investigating Mr. Hevesi and on Thursday withdrew his political endorsement.

Mr. Hevesi has vowed to fight any attempt to remove him from office and said he will not resign. He has apologized for not reimbursing the state for three years, but has remained defiantly unapologetic for using the a state worker to drive his wife, who has been ill for years. Mr. Hevesi said he has received death threats over the years and he needed to protect his wife.

The Ethics Commission reported that a state police assessment determined there was a low threat risk to Carol Hevesi. The driver, Nicholas Acquafredda, had no security or law enforcement training.

After Mr. Callaghan made the issue public last month, Mr. Hevesi repaid the state almost $83,000.

Albany County District Attorney David Soares is conducting a criminal investigation of Mr. Hevesi. A person close to the investigation said a grand jury was slated to begin hearing evidence in the case Friday. The source spoke on condition of anonymity because grand jury proceedings are secret.