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Judge Dismisses COVID Lawsuit Against Former New York Gov. Cuomo

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A proposed class-action lawsuit accused the previous governor of mishandling COVID-19 sufferers in nursing properties.

A federal choose on Monday dismissed a proposed class-action lawsuit towards former New York Gov. Andrew Cuomo that blamed his administration for COVID-19 deaths in nursing properties throughout the state.

In her order, U.S. District Decide Katherine Polk Failla wrote that the plaintiffs within the case didn’t have the federal proper to file a lawsuit towards the previous governor, a Democrat who’s presently working to be the following mayor of New York Metropolis, in addition to a number of others who had served in his administration.

The plaintiffs argued in court docket papers that their relations had contracted COVID-19 in New York state nursing properties because of a March 2020 order issued by Cuomo that prohibited nursing properties from denying the admission of individuals into their amenities “solely based mostly on a confirmed or suspected analysis of COVID-19.” The transfer was carried out in order to unencumber hospital mattress area throughout the early onset of the pandemic by sending folks from these medical amenities to nursing properties.

“As defined herein, and regardless of the Court docket’s deepest sympathy for Plaintiffs and their households, the actual fact stays that their proffered claims usually are not legally viable,” Failla wrote in her opinion.

The choose additional defined that the criticism lacks “allegations that the nursing properties, because the alleged perpetrators of ‘personal violence,’ dedicated a state-sanctioned violent act that brought about decedents hurt,” including that “the amended criticism merely pleads motion that ‘elevated the probability’ that decedents could be unsafe.”

In an announcement posted on X on March 31, Cuomo’s spokesman Wealthy Azzopardi hailed the choose’s choice and stated that “anytime this problem will get taken out of the press or the political enviornment and into the courts, the reality wins,” referring to the nursing house allegations.
Cuomo has confronted important political blowback over the nursing house directive. New York Lawyer Basic Letitia James launched a report in early 2021 {that a} bigger variety of folks in nursing properties died from the virus than what the New York State Division of Well being had printed on the time, and state officers might have undercounted deaths by as a lot a 50 p.c.
Final yr, the Home Choose Subcommittee on the Coronavirus Pandemic, led by Republican lawmakers, really helpful that Cuomo face felony costs. They alleged that he lied throughout Home-led investigations into nursing house deaths within the state throughout the pandemic.

Cuomo stated in September throughout the Home listening to that it was the federal authorities that allowed folks to go from hospitals to nursing properties in March 2020. The federal government on the time was the one “that first stated in March 2020 that COVID-positive folks may go from hospitals to nursing properties. That was your ruling,” he stated final yr.

He additionally denied that his administration underreported COVID-19 deaths. “We stated these are the deaths with out the ‘out of facility’ demise numbers, which we are going to add once they’re correct, which is able to scale back the hospital demise quantity, however the whole variety of deaths stays the identical. It was an allocation query,” Cuomo stated on the time, once more blaming the federal authorities.

Apart from the nursing house allegations, Cuomo additionally confronted a handful of allegations from ladies that he acted in an inappropriate method towards them.

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The previous governor resigned from workplace in August 2021, permitting for present Gov. Kathy Hochul to take over.

An Emerson School ballot launched on March 26 confirmed Cuomo main within the New York mayoral race, supported by 38 p.c of Democratic voters.

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