Cuomo sues NY comptroller's office to use taxpayer money in lawsuit against Letitia James

Former Gov. Andrew Cuomo is suing the New York State Comptroller’s Office to get taxpayers to pay his legal bills for yet another lawsuit Cuomo filed against the office of his political nemesis, State Attorney General Letitia James.

The Office of State Comptroller (OSC) has asked the court to dismiss Cuomo’s challenge and the parties are expected to meet in court Monday. 

If Cuomo were to prevail it would raise the state’s legal cost for Cuomo-related scandals above the eye-popping $60 million figure released by the state controller on March 10. 

Cuomo wants the state to cover the cost of his legal battle to get videotapes and unredacted transcripts of interviews the attorney general's office conducted while investigating the then-governor for sexual harassment. 

Cuomo, a Democrat, says he never sexually harassed anyone, and that the attorney general's 2021 investigation of the allegations against him was flawed and political. 

The attorney general and her fellow investigators conducted 179 interviews with accusers, staffers and witnesses. Ultimately, they found the harassment allegations of 11 women to be credible.

The former governor is entitled to a taxpayer-funded defense under state law, but the state comptroller's office said taxpayers were not obligated to pay for Cuomo to sue the attorney general.

Cuomo is pursuing taxpayer legal fees for his case against the attorney general's office even though that same case was dismissed last month by the Appellate Division, which found it was "premature" to argue that the attorney general had constructively denied the requests for information.

In a March 12 letter to the Albany Supreme Court Justice who will consider whether to grant the fees, the state comptroller's office argued that the law does not support Cuomo's position — that State taxpayers should fund a proceeding that the Appellate Division found had no underlying merit.

Cuomo’s little-known lawsuit against the OSC was filed in July 2024 after bills submitted for reimbursement were rejected.  

"The initial disallowed claims for payment were embedded as part of other invoices," the comptroller's office said, declining to say how much money Cuomo was requesting. "We cannot provide dollar values as we denied those payments and put the firm on notice not to submit any further entries."

Earlier in March, a breakdown released by the Office of State Comptroller Tom DiNapoli found the scandals that cost Cuomo his job in Albany had already cost state taxpayers almost $60 million in legal fees.

Some of the women who say Cuomo sexually harassed them while he was governor claim he has used his legal funds to legally harass them since he stepped down.

"He's using the taxpayer dime everything he's doing now to seek retribution and silence us is on your money. this is the exact kind of mayor he will be," Lindsey Boylan, one of Cuomo's accusers, said in a TV interview.

Cuomo is not using tax dollars for the defamation lawsuit he filed in December against former employee Charlotte Bennett, who dropped her civil case against him citing, "abusive filings and invasive subpoenas...meant to humiliate and retaliate."

In legal papers reviewed by the News 4 I-Team, Cuomo's legal team argued the transcripts he wants from the attorney general are critical to his defense.

"The attorney general spent millions of dollars on a report that is a sham and over the last three years [Cuomo] has defended himself as he has every right to do," Cuomo attorney, Rita Glavin, said on the day he announced his bid for mayor. "That report has been exposed, we have thousands of texts and videos that the attorney general did not get, did not release to the public, that refute the claims in the report."

In the report released on March 10, the comptroller’s office identified more than a dozen law firms they say received payments from the state to work on Cuomo-related controversies. Some of the money — almost $18 million, according to DiNapoli’s office — paid for private lawyers to defend Cuomo and his top advisors in civil sexual harassment cases.

Millions more went to attorneys who represented other state agencies including the New York State Police, the executive chamber (governor’s office) and state health department involving probes about nursing home deaths and Cuomo’s $5 million book deal.

One contract that cost the state $6.6 million went to the firm Cleary Gottlieb, which Cuomo spokesman Rich Azzopardi says helped finance Attorney General James' investigation into Cuomo — not Cuomo’s defense.

According to the state comptroller’s office, the state so far has spent $9 million defending Cuomo and top aides against a suit by Bennett, $256,000 on a case brought by Brittany Commisso and $8.6 million defending a federal case filed by a plaintiff identified as “Trooper 1.” Some court filings in the Trooper 1 case express concerns that Cuomo’s discovery tactics were “invasive and aggressive,” including last December seeking to depose as many as 30 non-parties to the Trooper 1 case instead of the more typical number of about 10.

With some cases still in court and costs expected to grow, some have wanted DiNapoli to cut off the funds. In a Feb. 11 letter obtained by News 4, Susan Lerner of Common Cause and Erica Vladimer of the group Harassment Free New York, urged DiNapoli to immediately pause taxpayer spending on Cuomo’s legal defense, noting the comptroller’s “fiduciary duty to protect New York’s taxpayers.”

“The lack of sufficient oversight of reimbursements has enabled Mr. Cuomo to perpetuate the harassment of women he was already found to have harassed by multiple investigations, now through the legal system and at taxpayer expense,” Lerner and Vladimer wrote.

But the comptroller’s office told News 4 they have little power to cut off funding for Cuomo’s legal defense, as it was authorized by a court.

In response to the letter, an attorney for the comptroller's office said the office has "denied payments we have found to be improper, exceed approved costs, or not related to the representation" of Cuomo."

The attorney also addressed Lerner and Vladimer's issues regarding Cuomo's alleged harassment of his accusers, saying the federal judge "polices discovery and possesses robust authority to prevent misuse of the discovery process," including sanctions. The attorney said they were "unaware of any relevant federal rulings in this regard."

CORRECTION: A previous version of this story stated that the state comptroller’s office won an appeal in February, instead of the attorney general's office, dismissing the case brought forward by Cuomo's legal team.