How To Write An If

Last month, New York’s belief agency voted to abjure its staff’s summer 2020 approval of then-Gov. Andrew M. Cuomo advantageous book project.

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Now, associates of the Joint Agency in Public Belief are aggravating to amount out how to force a aggressive Cuomo to accord the $5.1 actor he was ultimately paid to address “American Crisis: Leadership Lessons from the COVID-19 Pandemic.”

In the three weeks aback the Nov. 16 vote, Cuomo has not taken the befalling to reapply to JCOPE for reconsideration, a appeal that about absolutely would not accept been granted, anyway. Instead, an advocate for Cuomo said afterwards the commissioner’s activity in November that the ex-governor would agilely action in cloister “any efforts JCOPE makes to accomplish this bottomless and abnormal decision.”

The commissioners are still in discussions on how absolutely to proceed. But sources say that it’s more acceptable that at JCOPE’s account affair abutting Tuesday, Abettor David McNamara will acquaint a motion that would adjustment Cuomo to discharge the millions in proceeds.

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While JCOPE would affair the adjustment if the motion passes, its accent would acceptable leave administration of the adjustment to the accompaniment advocate general’s office, which would additionally acceptable be the article to actuate whether any money recovered would go to the accompaniment treasury — and appropriately aback to taxpayers — or be repaid to the book’s publisher, a accessory of Penguin Random House.

The commissioners’ action is to force Cuomo to discharge the funds beneath accoutrement in the accompaniment Executive Law that created JCOPE. A area of that law allows the agency to affair accounting advising opinions to accompaniment advisers gluttonous to acquire alfresco income, and says those opinions are bounden “unless actual facts were bare or misstated by the being in the appeal for an opinion.”

In his acknowledged motion aftermost ages to abjure approval of Cuomo’s book deal, McNamara abundant several means Cuomo allegedly fabricated materially apocryphal statements in gluttonous JCOPE agents approval to address “American Crisis” in July 2020. Chief amid them was that Cuomo’s advocate had absolutely promised that government cadre would not be acclimated to aftermath the book.

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In fact, by the time Cuomo’s advocate approved the approval, Cuomo’s agents was already acutely complex in the book, including during accustomed government assignment hours, as declared at breadth in a contempo Assembly Judiciary Committee report.

The agents approval was accepted a anniversary afterwards Cuomo’s appliance was submitted.

JCOPE commissioners advancing the disgorgement appetite to accompany the amount through the Executive Law, rather than the Public Officers Law, because the closing advantage would crave a diffuse academic analysis and put the accountability of affidavit on JCOPE. Commissioners accept Executive Law puts the accountability on Cuomo to candidly represent his intentions while gluttonous to acquire alfresco income.

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Whether McNamara’s motion has the all-important eight abettor votes to canyon charcoal unclear. But at the affair in November, commissioners voted 12-1 to abolish Cuomo’s approval to address the book, and gluttonous claim in some appearance is the analytic abutting step.

Some commissioners ability favor demography the avenue of administering an analysis first, and it’s not yet bright area JCOPE administrator Jose Nieves stands. Appointed by Gov. Kathy Hochul in October, Nieves voted adjoin abandoning the approval in a affair that month, alone to about-face his vote in November.

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