Former New York Governor Sues State Ethics Panel
By: Joseph T. Burns
In a lawsuit filed in Albany County Supreme Court, former New York State Governor Andrew Cuomo is challenging the ability of the state Commission on Ethics and Lobbying in Government (COELIG) to pursue ethics charges against him. The purported violations relate to the book on the COVID-19 pandemic authored by Cuomo during his time as Governor of New York. The proceeding filed by Cuomo seeks to end COELIG’s ability to enforce the ethics provisions of the Public Officers Law against the former Governor.
Cuomo makes a number of arguments in his new lawsuit against COELIG. First, he argues that COELIG is unable to impose a monetary fine against him without his ability to first have a jury trial. Second, the former Governor argues that COELIG’s failure to review the work of its predecessor – the Joint Commission on Public Ethics – on this matter constitutes a due process violation. Next, Gov. Cuomo argues that the restrictions imposed on his ability to write or publish his book by COELIG and JCOPE are restrictions on his constitutional right to free speech. Finally, Cuomo argues that the provisions of the Public Officers Law COELIG seeks to enforce against him are unconstitutionally vague.
This is not Gov. Cuomo’s first fight with COELIG. In a case that went all the way to the state Court of Appeals, Cuomo challenged the constitutionality of COELIG. He argued that the body’s structure violated the New York State Constitution. In that lawsuit, Cuomo was successful at the trial level and before the Appellate Division, Third Department. But in a 4-3 decision, the Court of Appeals rejected Cuomo’s argument and upheld the constitutionality of COELIG.
Oral arguments in Gov. Cuomo’s new challenge to COELIG are scheduled to be heard on April 30, 2026. We will continue to monitor this proceeding and provide updates when appropriate.
