Should Defense Fees Be Reimbursed? Cuomo and State Comptroller Clash in Court

Former New York Governor Andrew Cuomo filed a lawsuit against State Comptroller Tom DiNapoli’s office last year, demanding the state government to cover the legal fees incurred in the litigation between the former governor and the state Attorney General Letitia James’s office. The two sides are expected to face off in court this week. The Comptroller’s office previously stated that taxpayers are not obligated to cover the costs of Cuomo’s lawsuit against James.

In 2021, New York State Attorney General Letitia James accused then-Governor Cuomo of sexually harassing multiple female subordinates after an investigation, leading to Cuomo’s resignation.

The Comptroller’s office released a report on March 10, revealing that the legal disputes surrounding Cuomo, including the sexual harassment allegations, his handling of the pandemic investigation, and profiting from a book about the pandemic, have cost the state nearly $60 million. While Cuomo is entitled to a publicly funded defense under state law, the Comptroller’s office argued that this does not extend to using taxpayer money to sue the state Attorney General, thus refusing to reimburse his legal fees.

Some victims have also accused Cuomo of continuing to retaliate against them through legal means even after his resignation, using taxpayers’ money to litigate against them.

Cuomo, dissatisfied with this decision, filed a lawsuit in July 2024, bringing the Comptroller’s office to court. It is expected that both parties will appear in court soon.

Furthermore, in some cases, Cuomo has been criticized for employing overly aggressive legal strategies, such as subpoenaing up to 30 witnesses unrelated to the case. Cuomo seeks to obtain all unedited video footage and transcripts of interviews conducted during James’s investigation into his sexual harassment case, maintaining his innocence and alleging that the 2021 investigation was politically motivated.

James’s team conducted 179 interviews that year and found the accusations of 11 women to be credible.

Amidst the controversy, civil organizations have written to State Comptroller DiNapoli, urging him to cease covering Cuomo’s legal expenses. However, the Comptroller’s office stated that they cannot suspend payments as long as they are approved by the court but will reject any expenses deemed unreasonable or not for legal defense purposes.