ALBANY – A $107,025 severance package for the only Pataki administration loyalist to take the fall in a scandal involving friends of Libby Pataki remains valid despite public statements that the deal was quashed, documents show.

In October, state officials said the signed agreement with former State University of New York construction manager Michael Clemente was abruptly withdrawn before it reached its final stage of approval.

That came a day after the deal was revealed by the Associated Press, before its required review and approval by the state Comptroller’s Office.

SUNY spokesman David Henahan said then that “we have decided to rescind the request to the comptroller’s office for Mr. Clemente’s compensation.” But a subsequent request for documents under the state Freedom of Information Law showed Mr. Clemente was never informed in writing that his severance package was rescinded.

SUNY’s response stated its construction fund office had no correspondence with its former construction manager in 2004 over the severance agreement signed by a SUNY attorney and Mr. Clemente in 2003.

Asked if that meant the stipulation agreement was still valid, Mr. Henahan said SUNY’s Construction Fund “cannot unilaterally withdraw from a two-party agreement.” But Mr. Henahan said SUNY won’t submit the agreement to the comptroller’s office again.

Mr. Henahan said Friday that there is no record that invalidates the SUNY offer. Mr. Clemente could try to collect his money at a state court.

Mr. Clemente, a longtime employee in Governor Pataki’s administration, lost his SUNY Construction Fund job two years ago after a scathing state inspector general’s report. The investigation found favoritism in the awarding of a contract by the fund then headed by Mr. Clemente.