New York Court of Appeals

Cuomo v. New York State Commn. on Ethics & Lobbying in Govt.

February 18, 20252025 NY Slip Op 00902

Summary

The Court of Appeals held that the Ethics Commission Reform Act of 2022 is not facially unconstitutional under New York's separation-of-powers principles. The Legislature could create an independent commission with narrowly targeted authority to enforce ethics and lobbying laws, including against executive officials, because the Governor does not possess exclusive appointment or removal authority over nonconstitutional state officers and the Act preserves other executive oversight and enforcement powers. The Court also rejected challenges based on the Commission's placement within the Department of State and its authority to investigate and fine a Governor.