New York's top court on Tuesday affirmed the constitutionality of an ethics watchdog created three years ago to stem public corruption, rejecting arguments from former Gov. Andrew Cuomo.

The Commission on Ethics and Lobbying in Government had been fighting for its survival after Cuomo’s lawyers persuaded lower courts that the panel was given unconstitutional enforcement powers. Cuomo contended that the law creating the agency violated the separation of powers mandated under the state constitution, since enforcing ethics laws is a power that belongs to the executive branch.

A divided Court of Appeals sided with the commission, reversing lower court rulings.

Judge Jenny Rivera wrote in a majority opinion that the law creating the commission gives it narrow powers to avoid having top state officials regulating their own ethics.

“Given the danger of self-regulation, the Legislature and the Governor have determined that there is an urgent need for the robust, impartial enforcement of the State’s ethics and lobbying laws,” Rivera wrote.

The commission was formed by the Legislature and Gov. Kathy Hochul as a more independent alternative to a previous ethics panel widely criticized for being overly beholden to top government officials. It debuted in the wake of Cuomo’s 2021 resignation in a sexual harassment scandal.

Cuomo was fighting an attempt by the commission that could force him to forfeit $5 million he got for writing a book about his administration’s efforts during the COVID-19 pandemic. State officials claim Cuomo hadn’t kept a promise not to use any state resources on the book. Cuomo denies those allegations.

Vincent Bonventre, professor of law at Albany Law School, told Spectrum News 1 that the case came down to whether or not the executive branch can cede certain powers to the Legislature in creating such a commission.

“In order to ensure that the agency is independent of the governor who they very well may be investigating,” he said. “So they want to keep it independent, the independence would be much diluted if the governor could remove members of the commission at will when the governor didn’t like who they were investigating, especially if they are investigating him.”

He argued that the majority opinion was based on the idea that a commission under the complete control of the executive branch could not practically provide sound ethical oversight.

“If we want an independent commission to be investigating ethics of public officials including executive officials, including the governor, we must keep that commission independent and immune from an angry governor,” he said.

While he explained that the dissent was based on precedent that the executive branch controls executive panels.

“The separation of powers was to ensure that with regard to executive matters, the chief executive would be in charge, in this case we have an executive agency that is part of the Department of State,” he said. “You have practicality on the one hand, and you have the history of separation of powers on the other hand.”

Rich Azzopardi, spokesperson for Cuomo, expressed frustration to Spectrum News 1 on his behalf in a statement.

“This split ruling is a complete reversal from the unanimous opinion of six judges sitting on two levels of our court system,” he said. “We intend to file for reconsideration -as is our right - but it is disturbing that any judge of NY’s highest court would countenance flagrant violations of the constitution when it conflicts with what is most convenient to the political class.”

Blair Horner, senior policy advisor for Good Government Group NYPIRG, who was involved in the process, celebrated the ruling Tuesday.

“We’re happy that the Court of Appeals has ruled that the governor and the executive branch doesn’t have complete control over the process if she chooses not to,” he said.

From here, Horner said this isn’t necessarily the end of New York’s ethics saga.

“We thought the strongest way to create independence is to enshrine the entity in the constitution in the way that the entity that oversees judicial ethics is enshrined in the constitution, so we still think that’s the way to go,”

COELIG’s Chair Leonard B. Austin and Executive Director Sanford N. Berland released a statement saying they are pleased with the ruling stressing the importance of the commission’s independence.

“We are pleased with today’s ruling by the Court of Appeals validating the Governor’s and Legislature’s decision to create an ethics agency that is not dominated by those it oversees,” the statement read. “That validation is especially important now, when the need for an agency with our mission is as great as it has ever been. As it has done continuously from its inception, the Commission will administer and enforce the state’s ethics and lobbying laws, deliberately, fairly, and with zeal, pursuing its mission to restore New Yorkers’ faith in state government.”