New York’s top court said the state’s ethics commission can continue its investigation into former Gov. Andrew Cuomo’s $5 million deal to write a book about COVID-19.

The New York Court of Appeals ruled 4-3 that the Commission on Ethics and Lobbying in Government does not run afoul of separation of powers rules and can continue to operate as designed, Politico reported.

Cuomo had prevailed in two lower courts. The court’s ruling means the ethics probe continues as he decides whether to run for mayor.

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