https://www.timesunion.com/news/article/Claims-against-Cuomo-and-State-dismissed-in-Hoyt-13017326.php
Claim against Cuomo, state dismissed in Hoyt case
Federal judge disputes that governor had knowledge of misconduct
Published 10:53 am, Friday, June 22, 2018
ALBANY — A Manhattan federal judge has dismissed all claims against Gov. Andrew Cuomo and the state of New York in a federal lawsuit over allegations of sexual harassment by former Empire State Development official Sam Hoyt.
Plaintiff Lisa Marie Cater alleges in court documents that Cuomo and the state ignored her claims that Hoyt harassed and assaulted her after he helped her get a state job.
The court determined that the plaintiff had failed to demonstrate that the governor was personally made aware of the misconduct claims or that he had any role in the settlement paid to Cater for her silence, according to the 30-page decision issued Thursday afternoon.
"There are no factual allegations to support Plaintiff's conclusory assertions that the Governor either retaliated against her for complaining about Hoyt's actions, or that he aided and abetted anyone else in such actions or retaliation," U.S. District Judge Robert W. Sweet wrote.
Earlier this month, the Joint Committee of Public Ethics exonerated Hoyt of the misconduct claims in its own investigation.
The judge cited the 11th Amendment — which requires the state to consent to being sued unless the plaintiff obtains a federal waiver — for dismissing the claims against state. The federal complaint against Hoyt and ESD appears to still stand.
News of the allegations and payout came to light after Hoyt quietly resigned from his role as an ESD regional president in October of last year. Cuomo has faced criticism for hiring the former Buffalo assemblyman, who was once barred from participating in the Assembly internship program after having an affair with an intern.
Hoyt, who is married, has acknowledged that he had a relationship with Cater and paid her $50,000, but denies harassing or assaulting her.
