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Gov. Kathy Hochul should publicly release all records regarding SUNY Chancellor James Malatras’ role in preparing a discredited state Health Department report that covered up the true extent of coronavirus deaths in nursing homes, lawmakers said Monday.

The same controversial in-house report last summer also absolved the administration of ex-Gov. Andrew Cuomo — who last week resigned amid a serial sexual harassment scandal — of contributing to the grim COVID-19 death toll in nursing homes through its policies, particularly an order that required the facilities to accept recovering COVID-19 patients discharged from hospitals during the early weeks of the pandemic.

Other independent studies claimed the transfer policy did contribute to more COVID-19 infections and deaths in nursing homes.

Malatras, a former top aide to Cuomo who served on the governor’s COVID-19 task force, was appointed chancellor of the State University of New York at Cuomo’s behest last August without a customary national search.

He previously served as president SUNY’s Empire’s State College, an on-line learning institution.

Malatras also has emerged as a figure in the controversy surrounding Cuomo’s $5.1 million COVID-19 memoir.

Jim Malatras allegedly worked on Andrew Cuomo’s COVID-19 memoir during normal work hours. Hans Pennink

The Post reported on Sunday that the Malatras was grilled by investigators with the Assembly Judiciary Committee for allegedly pitching in on disgraced Cuomo’s COVID-19 book during normal work hours. The judiciary panel was conducting an impeachment inquiry of Cuomo before he resigned under pressure last week after a scathing investigative report by state Attorney General Letitia James found he sexually harassed 11 women including staffers and even a state trooper, and it is preparing a report on its own findings.

Malatras said he took off two Fridays as personal days to edit and fact-check the Cuomo manuscript.

“To move forward as a state, we need a full accounting of the disastrous nursing home policies of former Governor Andrew Cuomo, which allegedly lead to thousands of needless deaths,” Queens Councilman Robert Holden said in a letter to Hochul provided to The Post.

“I urge you to make public all records pertaining to the role James Malatras played in handling the New York State Health Department July report that we now know was altered to underreport nursing home deaths,” he said.

Cuomo and health officials deliberately undercounted COVID-19 nursing home residents deaths by the thousands by excluding infected residents who died after being transferred to hospitals. Team Cuomo only came clean after AG Letitia James issued a withering report in January concluding that the state low-balled COVID-19 nursing home resident deaths by 50 percent.

The issue is personal to Holden, a retired 44-year CUNY graphic arts professor whose mother, Anne, 97, contracted the coronavirus while undergoing rehab at a local nursing home. She has since recovered.

“Mr. Malatras is currently enjoying a lucrative position as Chancellor of SUNY, which he was awarded without a national search being conducted by the Board of Trustees. Mr. Malatras was the point person on presenting the Department of Health report, which originally vindicated Governor Cuomo’s COVID-19 policies,” Holden said.


  A discredited state Health Department report covered up the true extent of COVID-19 deaths in nursing homes. Richard Harbus A discredited state Health Department report covered up the true extent of COVID-19 deaths in nursing homes. Richard Harbus

“We later learned from the Attorney General that nursing home deaths were
underreported by as much as fifty percent in this report.”

Chimed in Assemblyman Ron Kim (D-Queens), chairman of the aging committee, “Governor Hochul must release all records pertaining to Jim Malatras’ role in covering up nursing home data, which shows a clear pattern of executive abuse of power that led to Cuomo raking in $5.1 million to his personal bank account.”

Assembly Republican Minority Leader Will Barclay said, “The governor’s [Cuomo] resignation isn’t the end of the line for the scandals that took place in his administration. New Yorkers deserve to know the full story, to see what crimes or violations were committed, and find out which public officials had a role in any misconduct.”

In March, Malatras acknowledged he helped edit the Health Department’s nursing home report but denied any role in changing data to cover up the state’s true nursing home death toll from the coronavirus.


  Andrew Cuomo and health officials deliberately undercounted COVID-19 nursing home residents deaths. Hans Pennink Andrew Cuomo and health officials deliberately undercounted COVID-19 nursing home residents deaths. Hans Pennink

“As with many reports, there were back and forth with structure, citations and other language during the process, but to be clear, I included the fatalities data provided by the New York State Department of Health which I did not alter and change,” Malatras said at the time.

Malatras repeated his assertion during an interview with The Post on Sunday saying, “I absolutely did not alter the numbers.”

In the letter, Holden acknowledged that Malatras claimed he wasn’t the culprit in manipulating data. But releasing the Malatras records should reveal who was, he said.


  Jim Malatras is a former top aide to Andrew Cuomo. Hans Pennink Jim Malatras is a former top aide to Andrew Cuomo. Hans Pennink

“Holding Mr. Malatras to account will help shed light on the alleged coverup and the other officials who enabled Governor Cuomo’s lies about nursing home deaths,” Holden said.

“We need to move forward from Governor Cuomo’s disastrous administration. Unfortunately, we cannot do so until all the officials who lied to us about nursing home deaths are held accountable. I look forward to the transparent administration you promised us,” the councilman said.

Hochul’s office vowed to boost transparency when asked about the request regarding Malatras’ role in the nursing home report.

“Governor Hochul is deeply committed to transparency and restoring trust in government. On day one of her administration, the Governor instructed her counsel to come up with an expedited FOIL process, directed State entities to review their compliance with state transparency laws, and began including an additional data set from the CDC in the daily COVID reports,” said Hochul spokeswoman Hazel Crampton-Hays.

“As part of the 45-day transition period, we are reviewing the matters raised by recent investigations and exploring all ways to ensure accountability and open, ethical governing that New Yorkers will trust.” 

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