ALBANY, N.Y. (AP) — A state commission that investigates ethical violations in New York was created unconstitutionally, an appeals court said Thursday in a ruling in favor of former Gov. Andrew Cuomo that targets the watchdog agency’s enforcement powers.

Cuomo is fighting in court an attempt by the state Commission on Ethics and Lobbying in Government to force him to forfeit $5 million he got for writing a book about his administration’s efforts during the COVID-19 pandemic.

Cuomo argues the commission lacks authority under the state constitution to prosecute him.

The Appellate Division of state Supreme Court unanimously upheld a lower court in ruling in favor of Cuomo, with judges writing that the creation of the panel “though well intentioned in its actions, violated the bedrock principles of separation of powers.”

In a joint statement, the chairman and executive director of the ethics commission said they would seek to appeal the decision to the state’s highest court and to put the ruling on hold while litigation continues.