Four New York State lawmakers failed to appear in person at the State Capitol even once during the entire 2026 legislative session, according to newly obtained attendance records, while a small group of legislators accounted for a disproportionate share of absences in Albany.
The records, obtained by the New York Post through a public information request, reveal that the 10 most frequently absent members of the State Senate and Assembly accumulated a combined 442 absences since January.
Although those 10 lawmakers represent just 5% of the 214-member Legislature, they accounted for 39% of all recorded absences during the session. Each missed more than 37% of legislative voting days in Albany.
Among the four lawmakers who never appeared in person were Assemblywoman Vivian Cook, a Queens Democrat, and Assemblyman David McDonough, a Nassau County Republican. Both are 89 years old, have been dealing with serious health problems, and are not seeking reelection.
McDonough, a seven-term incumbent, has reportedly not appeared in Albany in at least two years. Despite his prolonged absence, he won reelection in 2024 with 65% of the vote. He participated remotely on eight occasions during the latest session.
Cook, who has served in the Assembly since 1990, was hospitalized and subsequently entered rehabilitation earlier this year. She participated remotely just once, according to the records.
Another lawmaker who did not attend in person was Republican Assemblyman Brian Maher of Orange County, a Navy reservist who was deployed to the Middle East from November 2025 until September 2026.
Maher, who is running unopposed for reelection, said the extended absences of some longtime legislators demonstrate the need for term limits.
“People will say elections are term limits. We know they’re not. We know that incumbency brings a lack of an even playing field,” Maher told the Post.
State Senator Samra Brouk, a Rochester Democrat, was also among those absent from Albany for an extended period. Brouk gave birth in late December and took maternity leave, with her absences marked as excused through late April. She subsequently participated remotely on 24 of the Senate’s 64 session days.
The records also identified two Brooklyn Democrats whose frequent absences went unexplained.
State Senator Sam Sutton, 77, who won a special election in May 2025, missed 36 legislative days without participating remotely on any of them.
According to the records, Sutton was absent for entire weeks and frequently attended only one or two days during the Legislature’s typical three- or four-day workweek.
Assemblywoman Rodneyse Bichotte Hermelyn, who previously headed the Brooklyn Democratic Party, missed 23 days, including nine days on which she participated remotely.
Neither Sutton nor Bichotte Hermelyn responded to the Post’s requests for explanations regarding their attendance records.
New York lawmakers are permitted to vote remotely under certain circumstances, although remote participation does not allow them to take part in legislative floor proceedings.
The attendance figures also showed that 61 lawmakers maintained perfect attendance throughout the session, including several legislators who were simultaneously engaged in difficult reelection campaigns.
Among them were Republican Assemblyman Robert Smullen and Democratic Assemblywoman Jenifer Rajkumar, both of whom lost their primary elections but continued attending legislative sessions.
Rajkumar defended her decision to prioritize attendance even while campaigning.
“Showing up is the job. You don’t take a day off from the people who elected you, not even to campaign, and not even when you lose,” she told the Post.
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