In a remarkable ruling rendered by a midlevel appeals court in Albany, the creation of a new ethics watchdog by New York lawmakers in July 2022 was declared unconstitutional. Unanimously, the court held that this act had violated the “bedrock” principles of the separation of powers. The claim was brought forward by attorneys on behalf of former Governor Andrew Cuomo, hence marking another win for Cuomo.
This decision by the Appellate Division, Third Department, has effectively nullified the investigative and enforcement powers of the state Commission on Ethics and Lobbying in Government. This outcome is in line with a trial court ruling from September 2023.
However, despite this victory, the quantum of influence it will have on the practical functioning of the state’s ethics watchdog remains to be seen in the days to come.
For a deeper understanding of the case, refer to the original reporting on this issue by The New York Law Journal.