Gov. Andrew Cuomo. Photo by Rick Kopstein Gov. Andrew Cuomo. Photo by Rick Kopstein. alleged case alleges

Cater's attorney, Paul Liggieri of Derek Smith Law Group in Manhattan, said in an interview Friday that he did not plan to appeal Sweet's decision.

“At this point, there's no reason to believe that we're going to appeal the decision,” Liggieri said. “We respect the decision of the court. However I do believe that Ms. Cater will get justice either way, be that as against the Empire State Development or as against Mr. Hoyt personally.”

Liggieri said their case against Cuomo might have been stronger if Sweet allowed them to proceed with discovery.

“To the extent that the court found that Governor Cuomo wasn't personally involved, while we respect the court's decision, we do believe that the discovery process would have amounted to additional evidence that would have helped us prove our case against the governor,” Liggieri said.

Morrison & Foerster Read the order: