Federal judge dismisses suit faulting Cuomo for nursing home death

ALBANY — A federal case brought against former Gov. Andrew M. Cuomo by the son of a Brooklyn man who died from COVID-19 in a nursing home was dismissed Monday.

Federal Judge Lashann Dearcy Hall dismissed the lawsuit, according to a court record. Her explanation for the decision in a memorandum and order will be provided at a later date, the record stated.

"Justice has prevailed," said Cuomo spokesman Rich Azzopardi in announcing the late afternoon decision. "During the last four years, the debate over COVID in nursing homes has been weaponized, distorted and contorted beyond recognition by those using this situation for their own politics. However, anytime this gets taken out of the political arena, the truth wins."

Daniel Arbeeny of Brooklyn had sued Cuomo and other state officials after his father, Norman, died while he was a resident of the Cobble Hill Health Center nursing home in April 2020. Daniel Arbeeny blamed a March 25, 2020, memo from Cuomo and his health commissioner that led many nursing homes to accept their residents after care in a hospital even if they still tested positive for COVID-19.

Many families that lost relatives in the homes after the virus spread faulted the memo and Cuomo. Cuomo has insisted the memo was guidance based on direction from the federal government at a time when hospitals were nearly overwhelmed with COVID-19 patients.

"My Dad was doing as best he could and was COVID-free up until the time of the governor’s disastrous March 25 directive," Daniel Arbeeny testified to a congressional subcommittee in 2022.

"It was the nursing home which told us about the directive and that they were trying to persuade the governor’s office not to force them to take COVID patients," Arbeeny testified. "Unfortunately, Governor Cuomo and the state health commissioner ignored their pleas."

Norman Arbeeny was tested again on April 20, 2020 at 1 p.m. and "twelve hours later he was dead and the COVID test came back positive afterward," Daniel Arbeeny testified.

Arbeeny and other families criticized Cuomo for moving patients back to vulnerable populations in nursing homes, or failing to take advantage of hospital ships sent to ease the strain on hospitals, and for writing a book during the pandemic on his leadership, for which he negotiated a $4 million deal.

Cuomo has blamed a lack of leadership by then-President Donald Trump for creating a chaotic situation in which COVID cases were spreading so fast that New York hospitals were on track to having no staff or space for new patients. Cuomo issued only guidance, not an order, and that nursing homes were only required to accept COVID-positive patients if they could be safely admitted and cared for.

The dismissed lawsuit also named Melissa DeRosa, Cuomo’s top aide at the time, and former state Health Commissioner Howard Zucker.

Arbeeny’s attorneys didn’t immediately respond to requests for comment.

By Michael Gormley

michael.gormley@newsday.com@GormleyAlbany

Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.