Percoco gets a pass
Andrew Cuomo’s appointees on the state’s top ethics panel effectively blocked a criminal investigation that would have revived a case involving the ex-governor’s convicted former aide and close confidant, Joe Percoco, The Post has learned.
The Joint Commission on Public Ethics was informed Monday night in a letter from state Attorney General Letitia James that her office could not pursue two criminal investigations into an illegal 2019 leak from the panel about whether it should probe Percoco — whom Cuomo once likened to a brother — for alleged misconduct.
“The commissioners were informed last night that the state attorney general has rejected the referrals on the leak, on the technical ground that it requires the special voting rules,” JCOPE Commissioner Gary Lavine, a Republican appointee, told The Post Tuesday.
James said the panel’s criminal referrals made Aug. 26 were invalid because the votes ran afoul of “special voting rules” requiring at least two gubernatorial appointees to approve any criminal referral or investigation, according to state law.
The first referral made was to revive the probe into the Percoco investigation. The second, separate referral was made to investigate the state Inspector General’s Office’s internal probe into the illegal leak about the Percoco case.
Both referrals were approved by eight “yes” votes, all by commissioners appointed by the state legislative majority and minority conferences, but five commissioners appointed by Cuomo abstained from voting “yes” or “no.”
“By abstaining, [the gubernatorial appointees] blocked the referral. They vetoed it,” said Lavine.
The panel will have to take a new vote on the referrals in order for the criminal investigations to take place.
“I don’t have a comment. You will need to reach out to the AG’s office,” JCOPE spokesman Walter McClure told The Post when asked about James’ rejection letter.
A request for comment made to James’ office was not immediately returned to The Post.
Meanwhile, Gov. Hochul filled two of three vacancies on the panel Tuesday following several resignations last month. She tapped Commissioner James Dering, a Cuomo appointee, to serve as acting chair, replacing Camile Varlack after she resigned. Hochul also named Judge Randall Hinrichs a commissioner and must fill the slot of ex-Cuomo appointee Daniel Horwitz.