Supreme Court Declines to Hear Cuomo Nursing Home Wrongful Death Case
The U.S. Supreme Court on Tuesday declined to hear an appeal in a wrongful death lawsuit filed by Daniel Arbeeny against former New York Gov. Andrew Cuomo. Reported by Fox News, the case alleged Cuomo’s 2020 COVID-era nursing home mandate contributed to the death of Arbeeny’s father in a Brooklyn facility.
The policy required nursing homes to admit patients regardless of COVID status to relieve hospital overcrowding. A lower court dismissed the suit, citing qualified immunity for officials acting in their official capacity during the pandemic.
Cuomo spokesperson Rich Azzopardi said the decision was another instance of Cuomo being cleared of wrongdoing, pointing to multiple independent reviews, including from the Department of Justice and state attorneys, which he said found New York’s guidance consistent with federal policy. He added that courts have repeatedly upheld the state’s position and argued New York’s approach mirrored other states. He also cited health department data showing the facility did not admit COVID-positive patients until after Daniel Arbeeny’s father was discharged.
Daniel Arbeeny criticized the Court’s refusal to take the case. His father, Norman, died at age 89 shortly after leaving a facility that had housed COVID patients under the mandate.
The issue resurfaced during Cuomo’s 2025 mayoral campaign, when families of nursing home residents called for accountability over pandemic-era deaths. Fox News previously reported a discrepancy in state death figures, listing over 12,000 fatalities compared with an initial figure of 8,505, which Arbeeny called misleading.
The Supreme Court gave no reason for denying the petition for a writ of certiorari, a formal request for the Court to review a lower court ruling.
