New York's top court said the state's ethics commission can continue its investigation into former Gov. Andrew Cuomo's $5 million deal to write a book about COVID-19.
The New York Court of Appeals ruled 4-3 that the Commission on Ethics and Lobbying in Government does not run afoul of separation of powers rules and can continue to operate as designed, Politico reported.
Cuomo had prevailed in two lower courts. The court's ruling means the ethics probe continues as he decides whether to run for mayor.
"The Legislature structured the Commission to address a narrow but crucial gap arising from the inherent disincentive for the Executive Branch to investigate and discipline itself, which has serious consequences for public confidence in government," Judge Jenny Rivera wrote in her majority opinion. "The Act does not displace the Executive Branch to accomplish that goal; instead, it confers upon an independent agency power to enforce a narrow set of laws, thus mitigating the unique danger of self-regulation.
"The Act addresses a threat to the legitimacy of government itself with an extraordinary response."
A previous ethics commission ruled Cuomo improperly used state funds to write "American Crisis: Leadership Lessons from the COVID-19 Pandemic" in 2020 and ordered him to repay the $5.1 million he received to write the book. Cuomo resigned a year later amid allegations of sexual misconduct.
Politico reported Cuomo may not have the money to repay the funds. His initial $3.12 million payment went to taxes and expenses, a $500,000 charitable donation, and a $1 million trust for his daughters.
Gov. Kathy Hochul created the new ethics commission over criticism that previous boards weren't independent from the governor, amid a flurry of corruption and personal conduct scandals in the Empire State.
Representatives for both Cuomo and COELIG did not respond to comments from Politico.
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