Overview
- The justices, who declined the case Monday, left in place a lower-court ruling that threw out the suit and shielded Andrew Cuomo under qualified immunity.
- The appeal stemmed from Brooklyn resident Daniel Arbeeny’s claim that a March 25, 2020 directive requiring nursing homes to take back medically stable hospital patients led to his father’s death.
- U.S. District Judge Katherine Failla earlier dismissed the case for lack of standing, and the Supreme Court offered no explanation for declining review.
- Cuomo spokesman Rich Azzopardi said the decision vindicated the former governor, while Arbeeny voiced disappointment and argued the policy had deadly results.
- Federal and local probes reported no prosecutable wrongdoing and said the guidance tracked federal policy, as independent reviews faulted New York’s top‑down approach and CDC data show about 15,000 nursing home resident deaths in the state.