3 February 2021: Judge Rules Against Team Cuomo Nursing Home Death Data Stonewall

Cuomo Dealt Another Blow on N.Y. Nursing-Home Death Controversy

After months of inaction, New York Supreme Court Justice Kimberly O'Donnell finally ruled in favor of the Empire Center for Public Policy's claim against the state of New York, finding the Cuomo administration broke the law by withholding the state's public data on the coronavirus-related deaths of nursing home residents.

Cuomo Health Dept. illegally withheld COVID nursing home death toll: judge

This article better describes the judge's ruling:

In a 16-page decision, acting Albany Supreme Court Justice Kimberly O'Connor blasted the DOH for repeatedly telling the Empire Center for Public Policy "that it was unable to respond to the [Freedom of Information Law] request" since it was filed six months ago.

"DOH does not, in the Court's opinion, offer an adequate explanation as to why it has not responded to that request within its estimated time period or to date," O'Connor wrote.

"Its continued failure to provide petitioner a response, given the straightforward nature of the request … goes against FOIL's broad standard of open and transparent government and is a violation of that statute."

O'Connor ordered the DOH to turn over the records within five business days.

The numbers may be higher than the Cuomo administration has admitted, even after the recent 'adjustment' following the state attorney general's report.