Cuomo Campaign Responds After Supreme Court Decision

Former New York Governor Andrew Cuomo’s campaign reacted strongly following the Supreme Court’s decision to not hear a wrongful death case from a Brooklyn man. This individual alleged that his father’s death in 2020 was a direct result of a nursing home order issued during the pandemic.

Cuomo, alongside other Democratic governors like Pennsylvania’s Tom Wolf and California’s Gavin Newsom, faced significant criticism for their policies requiring nursing homes to accept returning patients without regard to their COVID-19 status.

A spokesperson for Cuomo remarked that this ruling by the Supreme Court continues to affirm that the former governor did not commit any wrongdoing. Meanwhile, the plaintiff expressed disappointment with the court’s decision.

“For six long years, families have had to handle the heartbreaking loss of a loved one to COVID-19, and it’s especially painful when that grief is politicized,” noted Rich Azzopardi, Cuomo’s longtime spokesperson.

Brooklyn resident Daniel Arbeney filed a suit against Cuomo and then-Health Commissioner Howard Zucker, citing federal rights violations and New York’s wrongful death law. The case had previously been dismissed by a district court, citing qualified immunity, which protects public officials from being sued for actions taken within their official duties.

Arbeney’s father, Norman, passed away at 89 after being discharged from Cobble Hill Nursing Home, where COVID-19 patients were placed.

During Cuomo’s run for mayor in 2025, a bipartisan group raised concerns over his nursing home policies. There was notable public outcry demanding accountability from Cuomo.

“You need to face us and apologize. If you’re going to lead, you’re leading for all of us,” emphasized Peter Arbeney, Norman’s son.

Cuomo’s controversial policy aimed to alleviate fears of hospital overcrowding during the pandemic, allowing nursing homes to accept patients based solely on their previous health status.

On Tuesday, Daniel Arbeney stated, “The Supreme Court hasn’t erased what happened. Thousands of COVID-positive patients were pushed into nursing homes, leading to tragic outcomes.”

Azzopardi highlighted that various investigations, including one by the Department of Justice, concluded Cuomo’s nursing home guidance was consistent with federal policies in place at that time. He reiterated the point that the decision aligns with actions taken in many states during an unprecedented health crisis.

He also mentioned a New York State Department of Health report that indicated the first COVID-positive patient at Cobble Hill Nursing Home had been hospitalized shortly before being discharged.

While this litigation was ongoing, Cuomo asserted through court documents that his intent was to free hospital beds for those with more critical needs.

In a talk with Fox & Friends, New York State Assemblyman Ron Kim criticized Cuomo’s portrayal of being “exonerated,” suggesting it was a public relations tactic.

Janice Dean, a Fox News meteorologist whose in-laws died in a nursing home, expressed concerns of potential political maneuvering involving the Albany city government and top prosecutors.

Records indicated that Cuomo reported over 8,500 deaths by January 2021, though the actual figure was higher, surpassing 12,000.

Daniel Arbeney had previously claimed that his father’s death was preventable, accusing Cuomo of dishonesty in his actions during the crisis.

Notably, the Supreme Court offered no explanation for its choice not to take on this particular case.