NY ethics commission meets after it’s ruled unconstitutional

By Brendan J. Lyons | Times Union, Albany

Albany, N.Y. — The state ethics commission conducted its first meeting on Wednesday following a state Supreme Court justice’s decision earlier this month that found the agency was created in violation of the state constitution and must suspend its work pending the outcome of any appeal.

On Friday, the appellate division of state Supreme Court in Albany granted a temporary stay on the decision that was issued by state Supreme Court Justice Thomas Marcelle. The stay was issued after the attorney general’s office had filed a notice of appeal and an emergency application for an order allowing the commission to continue functioning while the appeal is litigated. A permanent stay of the decision has not been granted.

“We regret any inconvenience this matter has caused to our regulated communities and appreciate their patience as the appeal proceeds,” Frederick A. Davie, the commission’s chairman, and Sanford A. Berland, the executive director, said in a statement.

But there was no discussion of the court case in the public session of the committee’s meeting this week. The ruling by Marcelle was issued in a long-running court battle in which former Gov. Andrew M. Cuomo has fought against the ethics commission’s efforts to investigate a $5 million deal that he received for writing a book about his administration’s handling of the pandemic. The investigation has centered on allegations that Cuomo improperly used on-duty government staffers to help him research and write the book, which he denies.

In his effort to head off that investigation, Cuomo’s attorneys have argued that the creation of the new ethics commission was flawed and the judge agreed — although the decision is expected to eventually be reviewed by the Court of Appeals, New York’s highest court.

Marcelle determined that the commission was formed and assigned enforcement powers in violation of the constitution, in part, because it was not done…