Andrew Cuomo lost his bid to unravel the state’s ethics commission Tuesday — in a huge blow to the former governor that allows the watchdog to reopen its probe into his $5 million pandemic book deal.
New York’s highest court ruled for the state in a split 4-3 decision, finding that the Commission on Ethics and Lobbying in Government is “not unconstitutional in every conceivable application,” as Cuomo had argued.
The three-term Democrat — who is widely believed to be mounting a run for New York City mayor — had been fighting for nearly two years to unravel COELIG, which ordered Cuomo to fork over proceeds of his COVID-era memoir.
Two lower courts sided with Cuomo.
But the Court of Appeals upheld COELIG — clearing the way for it to resume its investigation into the former governor.
“Neither the Legislature nor the Executive Branch has undue influence over the Commission, a structural characteristic lawfully chosen to ensure the integrity of the Commissioners and to instill public faith in government,” Judge Jenny Rivera wrote in the majority opinion joined by the rest of the court’s more liberal-leaning judges.
COELIG’s predecessor agency, the Joint Commission on Public Ethics, JCOPE, had concluded that Cuomo improperly used state resources to write “American Crisis: Leadership Lessons from the Covid-19 Pandemic” in 2020 and ruled that he needed to return the proceeds.
As litigation over that decision continued, JCOPE was replaced with COELIG — and Cuomo sued shortly after the new commission informed him it would be resuming the case.
The decision upholding the constitutionality of COELIG was hailed by state Attorney General Letitia James and by good government groups.
“The public deserves to have faith in their elected officials, and that requires a strong, independent, ethics watchdog,” James said in a statement. “I was proud to help defend the constitutionality of the Commission on Ethics and Lobbying in Government, and I commend my team for securing this decision that maintains the state’s ethics watchdog. New Yorkers can trust that my office will always faithfully defend the public’s interest.”
“This victory for state ethics oversight will help ensure that the governor does not have undue control over the very body that ensures their conduct is ethical,” a group of good government and watchdog organizations including Common Cause, Reinvent Albany and the New York City Bar Association wrote in a statement.
“While ethics oversight is always a work-in-progress, the structure of the current law has been given a clean bill of health by the state’s highest court and can now go about its business without a cloud hanging over its work,” New York Public Interest Research Group Senior Policy Advisor Blair Horner said.
COELIG Chair Leonard Austin and Executive Director Sanford Berland wrote in a joint statement that they were “pleased” with Tuesday’s ruling validating Gov. Kathy Hochul and the state Legislature’s decision to create the ethics commission.
“That validation is especially important now, when the need for an agency with our mission is as great as it has ever been,” they said.
Cuomo spokesperson, Rich Azzopardi, said the former gov and potential mayoral candidate will ask the court to reconsider.
“We intend to file for reconsideration – as is our right – but it is disturbing that any judge of NY’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class,” Azzopardi wrote in a statement.
Cuomo is the son of former Gov. Mario Cuomo and served in elected or appointed political offices for over two decades.