ALBANY, N.Y. — A judge sided with former New York Gov. Andrew Cuomo on Tuesday in his dispute with a now-defunct state ethics fee that ordered him to surrender $5 million he was paid to put in writing a book about his management through the COVID-19 pandemic.
The Joint Commission on Public Ethics initially accredited Cuomo’s request to put in writing the book, titled “American Crisis: Leadership Lessons from the COVID-19 Pandemic,” in 2020. But the panel withdrew that approval the next 12 months after alleging Cuomo hadn’t stored a promise to not use any state assets on the book.
Cuomo acknowledged that state staff helped with duties together with modifying the manuscript. But he is mentioned these staff did that work voluntarily throughout their private time.
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Last 12 months the fee, generally referred to by the acronym JCOPE, gave Cuomo 30 days to surrender $5.1 million he was paid by a writer for the book. Cuomo sued, claiming the fee’s members have been biased towards him and violated his due-process rights.
In Tuesday’s ruling, state Judge Denise A. Hartman declined the fee’s request that she implement its order for Cuomo to show over the cash. Hartman characterised it as an try to sidestep administrative procedures, for the reason that penalty was imposed and not using a required administrative listening to.
Gov. Kathy Hochul, a Democrat like Cuomo, signed laws disbanding the fee this 12 months in favor of a brand new one. It is not clear whether or not the brand new fee will proceed making an attempt to claw again Cuomo’s book cash.
“If, upon a review of JCOPE’s actions, the new commission decides to pursue action against Cuomo, proceeds with the adjudicatory hearing, and determines that a violation has occurred, the new Commission may then impose a civil penalty against him,” Hartman wrote.
In an emailed assertion, Cuomo lawyer Rita Glavin referred to as JCOPE’s conduct “shameful, unlawful, and a waste of taxpayer’s funds.”
A message was left with an lawyer representing the fee.