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N.Y. Senate Democrats threaten to limit Cuomo’s emergency COVID powers amid uproar over nursing home deaths

  • New York Gov. Andrew Cuomo attends a meeting with President...

    Evan Vucci/AP

    New York Gov. Andrew Cuomo attends a meeting with President Joe Biden and a bipartisan group of mayors and governors to discuss a coronavirus relief package, in the Oval Office of the White House, Friday, Feb. 12, in Washington.

  • Front page of the New York Daily News on April...

    New York Daily News

    Front page of the New York Daily News on April 18, 2020: "55 killed by virus at one B'klyn site" and "Medical crew makes one of dozens of calls to Cobble Hill, Brooklyn, nursing home devastated by disease."

  • In this Sept. 29, 2020 photo provided by the Office...

    Kevin P. Coughlin/AP

    In this Sept. 29, 2020 photo provided by the Office of New York Governor Andrew M. Cuomo, Gov. Cuomo delivers a COVID-19 update during a briefing in New York City.

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ALBANY — A growing number of Democrats are joining calls to curb Gov. Cuomo’s emergency pandemic powers as the governor faces increased scrutiny over his administration’s handling of COVID deaths in nursing homes.

A group of 14 Senate Democrats issued a statement Friday arguing that the sweeping pandemic powers granted to the governor last year are “no longer appropriate,” echoing Republicans who have said the same for months.

“Without exception, the New York State Constitution calls for the Legislature to govern as a co-equal branch of government,” the lawmakers said in a joint statement. “While COVID-19 has tested the limits of our people and state –– and, early during the pandemic, required the government to restructure decision making to render rapid, necessary public health judgments –– it is clear that the expanded emergency powers granted to the Governor are no longer appropriate.”

In this Sept. 29, 2020 photo provided by the Office of New York Governor Andrew M. Cuomo, Gov. Cuomo delivers a COVID-19 update during a briefing in New York City.
In this Sept. 29, 2020 photo provided by the Office of New York Governor Andrew M. Cuomo, Gov. Cuomo delivers a COVID-19 update during a briefing in New York City.

Democratic majorities in both the Senate and Assembly met Friday to discuss the matter after a top Cuomo aide blamed a “political” federal request from the Trump administration last year for slowing the state’s release of data regarding nursing home deaths.

Secretary to the Governor Melissa DeRosa told Democratic lawmakers in a closed-door meeting earlier in the week that it took the administration months to make the information public because officials “froze” over worries it was “going to be used against us.”

DeRosa’s comments added fuel to the fire for Cuomo critics as the administration has come under intensified scrutiny following a state attorney general report last month that prompted health officials to finally acknowledge the true COVID death toll of nursing home and long-term care facility residents is nearly 15,000.

Previously, the state had reported only 8,500 deaths, a number that excluded residents who died after being transferred to hospitals.

State officials say collecting accurate information from the state’s more than 600 nursing homes in the midst of the pandemic was a difficult task and argue that it took time to analyze and verify the data.

The delay and DeRosa’s comments led to calls for outside investigations, impeachment and even criminal probes from both sides of the aisle.

Senate Minority Leader Robert Ortt (R-Lockport) said stripping the governor of his executive powers is just the first step as he called for a full investigation and the resignation of “anyone involved in this cover-up.”

“For months, my colleagues have been accused of playing politics when in reality, we are trying to get answers for the thousands of families who lost loved ones in nursing homes,” Ortt said. “It is more clear than ever who was really playing politics with this issue.”

The Legislature, led by Cuomo’s fellow Dems, gave the governor wide-ranging emergency powers last year as New York became the epicenter of the coronavirus outbreak in the U.S.

Republicans have repeatedly put forth proposals scaling back the governor’s sweeping executive authority, which is set to expire on April 1, arguing that Cuomo has overstepped his bounds with restrictions on businesses and other COVID safety measures.

Among the Dems now singing the same tune are several New York City representatives, including Sens. Alessandra Biaggi (D-Bronx), Andrew Gounardes (D-Brooklyn), Robert Jackson (D-Manhattan), and John Liu (D-Queens), who all signed off on Friday’s statement.

New York Gov. Andrew Cuomo attends a meeting with President Joe Biden and a bipartisan group of mayors and governors to discuss a coronavirus relief package, in the Oval Office of the White House, Friday, Feb. 12, in Washington.
New York Gov. Andrew Cuomo attends a meeting with President Joe Biden and a bipartisan group of mayors and governors to discuss a coronavirus relief package, in the Oval Office of the White House, Friday, Feb. 12, in Washington.

Cuomo representatives have repeatedly pushed back on issue, noting that lawmakers have the ability to overturn any of the governor’s executive orders by a simple majority vote.

Both Senate Majority Leader Andrea Stewart-Cousins (D-Yonkers) and Assembly Speaker Carl Heastie (D-Bronx) issued statements earlier Friday indicating that they are not satisfied with the Cuomo administration’s response.

“Crucial information should never be withheld from entities that are empowered to pursue oversight,” Stewart-Cousins (D-Yonkers) said in a statement before meeting with her conference.

Front page of the New York Daily News on April 18, 2020: “55 killed by virus at one B’klyn site” and “Medical crew makes one of dozens of calls to Cobble Hill, Brooklyn, nursing home devastated by disease.”

Sen. Jessica Ramos (D-Queens) issued a separate scathing statement condemning the Cuomo administration for mishandling nursing home data and calling for accountability.

“It has become increasingly clear that the governor has allowed his ego and his donor base to dictate the response to this pandemic, leaving the most vulnerable in our communities at risk and dismissing their cries at every turn,” she said. “His emergency powers must be rescinded, he and his administration must be subpoenaed for all the pertinent information, and a full investigation must result in justice for our grieving families.”

Mayor de Blasio, who has sparred with the state over vaccinations and other COVID-related issues, has also called for Cuomo’s executive powers to be curtailed in recent days.

Hizzoner called news of DeRosa’s comments “really disturbing” during an appearance Friday on Brian Lehrer’s WNYC radio show and also suggested a further inquiry is in order.

“It’s very troubling. We’ve gotta know more,” he said. “We now need a full accounting of what happened. Think about seniors who — their lives were in the balance and their families, you know, just desperate to get them the help they needed. We need to know exactly what happened here. We need to make sure nothing like this ever happens again.”

New Yorkers were split on the criticism and calls for investigations.

Anthony Pratt, a 65-year-old retired asbestos remover from Harlem, said Cuomo’s “too good of a governor, even if he were obscuring the numbers.”

“Cuomo had to do what he had to do when Trump was holding us back,” Pratt said. “Charge him. That’s ridiculous. He’s the best governor we’ve had since his father.”

Renee Jackson, 71, disagreed, telling the Daily News that she believes Cuomo was part of a cover-up.

“He hasn’t done anything for seniors during COVID, whether we were in nursing homes or not,” she said. “I’m a senior and I should know. There should be an investigation to find out.”

With Michael Gartland and Kerry Burke