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WPCNR ALBANY ROUNDS. News and Comment. By Stephen J. Rolandi. March 4, 2021:
(Professor Rolandi served in the administrations of Governors David Paterson and Andrew Cuomo from 2008-13 as Deputy Commissioner, New York State Division of Human Rights. A political scientist, he is an Adjunct Professor of Public Administration at Pace University and John Jay College of Criminal Justice, City University of New York. His views are his own and do not necessarily reflect those of his current/former employers).
Governor Cuomo continues to be under fire, despite his seemingly contrite appearance in yesterday afternoon’s press conference. He faces serious allegations on three fronts – sexual harassment of young women in his circles; verbal threats/harassment against other state officials; and Federal investigation into alleged mishandling of the reporting of COVID-19 data in nursing homes.
The crisis has raised a number of legal, political, administrative and constitutional issues. It comes at a time when the state faces a $ 15 billion budget gap next year (the fiscal year begins on 4/1/21); a severe economic and budgetary situation in New York City; 2022 redistricting; police reform; continuing efforts to deal with the COVID-19 pandemic, etc.
The decision to begin an independent legal investigation by the State Attorney General was prudent, given that the state ethics board (JCOPE) and the legislature would be conflicted to launch their own investigation. Also conflicted would have been a new investigatory Moreland Commission (which only the Governor can initiate).
It is interesting to note that many establishment Democratic elected officials in New York have declined to call for his resignation. Indeed, most governors in the National Governors Association (NGA) have also declined to call on Cuomo to step down as NGA Chairman.
If Governor Cuomo is forced to resign, which in my view does not appear imminent unless there are new allegations, accusations, etc., he would be succeeded by the current Lt. Governor, Kathy C. Hochul.
Ms. Hochul previously served in the U.S. House of Representatives and was County Clerk of Erie County (Buffalo, NY); earlier in her career, she served as a legislative aide to the late U.S. Senator Daniel Patrick Moynihan (note: the State Constitution permits the Lt. Governor to serve as “acting governor” if the Governor is disabled or is away during a prolonged absence from the state).
If she becomes Governor, I believe she would be permitted to appoint a new Lt. Governor, as did Governor David Paterson in 2009 when he appointed Richard Ravitch as Lt. Governor. This action was upheld by the NYS Court of Appeals in the 2009 case of Paterson v. Skelos.
Governor Cuomo has generally compiled a strong record of accomplishments since taking office in 2011. Whatever the outcome of the pending investigations and legal processes, I believe that he will ultimately not seek a fourth term next year, thus setting up what is likely to be a wide-open contest in both parties for the statehouse. Time will tell.