Daniel N. Arbeeny, as the Administrator for the Estate of Norman Arbeeny, et al. v. Andrew M. Cuomo, former Governor of New York, et al.

Respondent Andrew J. Cuomo is the former Governor of the State of New York from 2011 until his resignation in 2021. On March 25, 2020 the Cuomo administration issued a COVID-19 Transfer Directive to all New York hospitals and nursing homes requiring that all nursing homes must comply with the expedited receipt of residents from hospitals while, at the same time, prohibiting nursing homes from testing any hospital transferee for COVID-19. A ll Respondents, to be separately described, worked in concert to effectuate an abrupt, compulsory and large-scale transfer of the state’s then hospitalized COVID-19 patients to the state’s nursing homes despite the immediately announced condemnation of this action by the leading patient-oriented medical experts in the field of elderly care. Promptly thereafter and as predicted by the outside medical experts, the number of COVID-19 deaths at the state’s nursing homes grew by the thousands which the Respondents then endeavored to cover up, until it became too obvious to hide. The Directive was finally rescinded on May 10, 2020, but by that point, 9,000 COVID-positive patients had been transferred and 15,000 patients residing there during the period March 25-May 10, 2020, eventually died of COVID-19. The questions presented are: 1. How could the Second Circuit have reasonably concluded that the State Respondents Governor Cuomo and Ms. DeRosa, his Chief of Staff, could not have