Summons charges Cuomo with forcible touching

A summons charging former Gov. Andrew M. Cuomo with misdemeanor forcible touching was prematurely issued by Albany City Court on Thursday after a sheriff's investigator filed paperwork with the court summarizing their investigation and seeking to begin the process of obtaining a criminal complaint.

No final decision had been made by the sheriff's department or the Albany County district attorney's office on whether to formally file charges, according to sources familiar with the matter. But a spokesman for the state Office of Court Administration confirmed that a misdemeanor complaint against Cuomo was filed Thursday in Albany City Court.

The summons, which has not been served on the former governor, directs Cuomo to appear in City Court on Nov. 17. A law enforcement source said the sheriff's department did not expect the summons to be issued on Thursday — or to be made public.

The summons was issued without the consent of the alleged victim, Brittany Commisso, or her attorney, Brian D. Premo, according to sources familiar with the matter. However, Commisso has been cooperating with investigators and was planning to move forward with the criminal complaint, according to law enforcement sources.