New York Public Personnel Law

Grouping students with disabilities for purposes of instruction

2026-04-16T09:00:00.009-04:00

On April 15, 2025, the United States Court of Appeals, Second Circuit, certified the question set out below to the New York State Court of Appeals:

“When a student is covered by more than one class size regulation under §200.6(h)(4), do the varying restrictions serve as distinct requirements that must be independently fulfilled or as a list of class size options from which the DOE may pick?”

The Court of Appeals responded, concluding that the required classroom sizes described in [8 N.Y.C.R.R.] §200.6(h)(4) represent alternative placements, rather than stacking requirements, for students with the described levels of management needs and disabilities.

In light of Court of Appeals' response, the Second Circuit affirmed the judgment of the federal district court, holding:

Students with disabilities placed together for purposes of special education (including resource room, special class, consultant teacher services, integrated co-teaching and related services groups) must be grouped by similarity of individual needs in accordance with the four need areas of:

Academic achievement, functional performance and learning characteristics
Social Development
Physical Development
Management Needs

Click HERE to access the Second Circuit's ruling posted on the Internet.

New York State Comptroller Thomas P. DiNapoli issued the municipal and school audits listed below on April 14, 2026

2026-04-15T09:00:00.015-04:00

Audit reports for the following local governments and school districts were posted on the Internet by the New York State Comptroller on April 14, 2026.New York State Comptroller Thomas P. DiNapoli issued the municipal and school audits listed below on April 14, 2026

Click on the text highlighted in color to access the reports posted on the Internet.

City of Mechanicville – Separation Payments (Saratoga County) City officials did not ensure the accuracy of employee separation payments. As a result, three employees received questionable or unsupported payments totaling $15,766 of vacation payouts due to miscalculations and an ineligible retirement incentive. Specifically, auditors determined that three payments totaling $37,118 were inconsistent with the city’s handbook and collective bargaining agreements, which may have resulted in the overpayments. Auditors also found that officials did not have adequate policies or written procedures in place to guide how separation payments should be calculated, approved and reviewed.

City of Mechanicville – Procurement (Saratoga County) Auditors found that officials did not always procure goods and services in accordance with policy, statutory requirements or good business practices. Officials made purchases without proper oversight, did not maintain records and did not consistently use a competitive process. Of the sample of 35 purchases totaling $2.26 million reviewed, auditors identified 24 purchases totaling approximately $760,000 that did not comply with the procurement policy or statutory requirements. While the city’s procurement policy was inadequate and inconsistent, it did require department heads to verify that funds were available before making purchases. However, the finance office did not have updated accounting records. Consequently, department heads made purchases without confirming there were available budget appropriations, which led to financial discrepancies and inefficiencies.

City of Mechanicville – Financial Oversight (Saratoga County) The mayor and city officials did not provide oversight of financial operations. As a result, the council could not fully assess the city’s financial condition or make informed decisions. The commissioner did not maintain current accounting records or ensure financial reports were accurate. Bank reconciliations were either not completed or contained large, unresolved variances. Also, the commissioner did not submit two years of annual financial reports (AFRs) to DiNapoli’s office in a timely manner, as required by law. The mayor also did not establish formal procedures to monitor financial reporting or verify the accuracy of accounting records.

Village of Sherburne – Budgeting (Chenango County) The board adopted budgets that underestimated revenues in the general fund and overestimated appropriations in the general, water and sewer funds. As a result, the board levied more taxes than were needed to fund the village’s operations. The board also generated unplanned operating surpluses totaling approximately $1.1 million despite having planned for operating deficits totaling $1.3 million. As a result, none of the appropriated fund balance was needed or used. In addition, the unrestricted fund balance increased by approximately $1.1 million in the general, water and sewer funds. Lastly, the budgets for the 2022-23 through 2025-26 fiscal years did not comply with state law or guidance from DiNapoli’s office and lacked sufficient detail, which reduced transparency and limited effective financial planning.

Village of Victory – Records and Reports (Saratoga County) The clerk-treasurer did not maintain accurate and complete accounting records, provide the board with adequate monthly reports or file AFRs in a timely manner, which limited the board’s ability to monitor financial operations. The clerk-treasurer also did not properly prepare bank reconciliations or budget status reports, which lacked pertinent information. As of Sept. 10, 2025, AFRs were filed between 41 and 1,322 days late.

Village of Youngstown – Employee Benefits and Payroll (Niagara County) Village officials did not maintain accurate leave records or ensure payroll payments were properly approved and supported. Employees received payouts and used leave without proper authorization, including $9,802 in unsupported payments, 1,524 unapproved leave hours and 313 compensatory hours accrued without authorization. In addition, village officials made inaccurate payroll payments totaling approximately $2,500.

Village of Churchville – Procurement (Monroe County) Village officials did not consistently solicit competition in accordance with statutory requirements or its procurement policy. Of the approximately $1.4 million in goods and services reviewed, auditors determined officials did not seek competition for purchases totaling $664,748. Specifically, village officials did not always issue requests for proposals, ensure the village received the New York State Office of General Services contract price in lieu of competitively bidding, or obtain the minimum number of written quotes required by the village’s procurement policy. For two purchases totaling $31,397, officials did not obtain any written quotes. In addition, the village’s procurement policy did not include details on when board approval was required prior to making purchases, and officials signed and approved their own purchases.

Plainville Fire District – Audit Follow-Up (Onondaga County) The review assessed the Plainville Fire District’s progress in implementing recommendations in the audit, Plainville Fire District – Board Oversight, released in October 2021. The audit determined that the board did not provide adequate oversight of the district’s financial operations and exceeded its authority by allowing the district treasurer to pay all recurring expenditures without the board’s prior review or approval. To help the board ensure that it provides adequate oversight of fire district operations, the audit contained eight recommendations. The board fully implemented four recommendations, partially implemented three and did not implement one. Until all recommendations are addressed, the board cannot ensure district assets are appropriately safeguarded.

South Orangetown Central School District – Audit Follow-Up (Rockland County) The review assessed the South Orangetown Central School District’s progress in implementing recommendations in the audit, South Orangetown Central School District – Network User Accounts, released in August 2022. The audit determined that district officials did not ensure network user accounts were adequately managed. The audit report contained four recommendations. While district officials fully implemented one recommendation, they only partially implemented the remaining three recommendations. As a result, the district’s network continued to have increased risk for unauthorized access, misuse or data loss.

Woodbourne Fire District – Audit Follow-Up (Sullivan County) The review assessed the Woodbourne Fire District’s progress in implementing recommendations in the audit, Woodbourne Fire District – Board Oversight, released in December 2023. The audit determined that the board and treasurer did not provide adequate oversight of the district’s financial operations. The audit contained 10 recommendations. The district fully implemented three recommendations, partially implemented four, and did not implement three recommendations. Until all are addressed, the board cannot ensure financial operations are properly monitored or assets are safeguarded.

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Terms of a collective bargaining agreement and a memorandum of understanding required the exhaustion of administrative remedies

2026-04-14T09:00:00.044-04:00

Plaintiff, an assistant principal, commenced this action alleging that the New York City Department of Education [Employer] retaliated against her after she reported a violation of Social Services Law §413 by her then-principal and that she was constructively discharged from her position by Employer.

Noting that a public employee may be required to arbitrate such a claim where the employee "is subject to dismissal or other disciplinary action under a final and binding arbitration provision" or where the employee "is subject to a collectively negotiated agreement [CBA] which contains provisions preventing an employer from taking adverse personnel actions and which contains a final and binding arbitration provision to resolve alleged violations of such provisions of the agreement".

Pursuant to the terms of the relevant CBA between Plaintiff's union and the Employer, grievances which are not resolved after a two-step internal process must be submitted to arbitration.

The CBA defines a "grievance," and a subsequent Memorandum of Agreement (MOA) between Plaintiff's union and Employer, which "by its terms became part and parcel of the CBA", added an antiretaliation provision that provides, among other things, "The harassment, intimidation, retaliation and discrimination of any kind because an employee in good faith raises a concern or reports a violation or suspected violation of any Department policy, rule/law/regulation or contractual provision ... is prohibited."

Observing that the MOA was incorporated into the CBA, the Appellate Division opined that Plaintiff's claims of retaliation in violation of the MOA's antiretaliation provision constitutes a grievance within the meaning of the CBA.

The Appellate Division held that Plaintiff "was required to grieve her complaint before commencing this action" and that Supreme Court had properly granted the Employer's "motion to dismiss based on [Plaintiff's] failure to exhaust her administrative remedies".

The Appellate Division also noted Plaintiff's "course of conduct in demanding arbitration, citing ... the CBA's grievance procedures and the MOA's antiretaliation provision, confirms that the arbitration of the [Plaintiff's] claim was required".

Click HERE to access the Appellate Division's decision posted on the Internet.

New York Data and AI Summit to be held in Albany, New York May 14, 2026

2026-04-13T09:45:00.011-04:00

As data and AI continue to reshape how governments operate, this summit brings together public-sector leaders and technology partners to explore how better data and smarter tools can improve decision-making, collaboration and services for New York’s communities.

View the full agenda and join the New York Data & AI Summit on May 14, 2026, at the Albany New York Marriott Hotel for a day of practical insights and peer-driven discussions focused on:

Advancing AI initiatives across government

Using data to strengthen citizen services

Building governance frameworks for responsible AI adoption

Real-world case studies from local leaders

Register now to make certain you secure your spot!

N.B. Open to Public Sector only. No charge to participate.

This announcement has been posted on the Internet by NYPPL pro bono.

In an administrative appeal to the New York State Commissioner of Education the petitioner had the burden of proof

2026-04-13T09:00:00.075-04:00

New York State Commissioner of Education Betty A. Rosa dismissed an appeal concerning the election of a district’s school board [Board] election and budget vote in which the Petitioner [Appellant] was a candidate for a position on the board.

After the polls closed, Appellant requested to view the original voting machine receipts and inspect the absentee ballots. Appellant was advised to submit a Freedom of Information Law (“FOIL”) to obtain these documents. The Appellant submitted such a request on May 21, to which the Board responded on June 2.

Appellant, contending that he was denied the opportunity to inspect the voting machine receipt and absentee ballots on the night of the election, and asserted the that the absentee ballots were counted “behind closed doors, out of view of the candidates and the public” and asked the Commissioner to find that the Board had violated Education Law §§2035 and 2610 to issue

1. An order compelling the release and verification of the original machine receipts; and

2. An order invalidating the election results.

The Board contended that Appellant's petition should be dismissed for, among other reasons, the Appellant's failure to comply with the regulations governing appeals to the Commissioner and contended that Appellant failed to establish a clear legal right to his requested relief.

The Commissioner observed that to invalidate the results of a school district election, the petitioner must either:

(1) establish not only that irregularities occurred but also that any irregularities actually affected the outcome of the election or were so pervasive that they vitiated the electoral process; or

(2) demonstrate a clear and convincing picture of informality to the point of laxity in adherence to the Education Law.

Citing a number of earlier Decisions of Commissioners of Education, Commissioner Rosa opined that implicit in those decisions is a recognition that "it is a rare case where errors in the conduct of an election are so pervasive as to vitiate the fundamental fairness of the election" and, citing 8 NYCRR 275.10, observed that in an appeal to the Commissioner, "a petitioner has the burden of demonstrating a clear legal right to the relief requested and establishing the facts upon which he or she seeks relief'.

Finding that Appellant had not "met his burden of proof" as there was no evidence that Appellant submitted a request to inspect the voting machine tallies and absentee ballots on the night of the election, and the Board subsequently responded to such a request in a timely manner.

Observing that the Appellant "provides no other evidence to suggest that [the Board] violated the Education Law or that any irregularities occurred that affected the outcome of the election", the Commissioner ruled that "the appeal must be dismissed", noting the ruling in Appeal of Crenshaw, 63 Ed Dept Rep, Decision No. 18,353 and other decisions of Commissioners of Education.

Click HERE to access the decision of Commissioner of Education in the instant matter posted on the Internet.

Selected items posted on the Internet during the week ending April 10, 2026

2026-04-11T06:00:00.003-04:00

Navigating Dash Cams: A Guide for Union Engagement Navigating union concerns around dash cams? This guide shows public sector leaders how to build trust, address privacy head-on, and create fair policies that support both safety and morale. DOWNLOAD

Fueling Transportation: Safety, Security and Savings with Data Explore how transportation agencies can harness data to improve safety, strengthen security and drive measurable cost savings. This case study highlights how Caltrans modernized its operations by unifying maintenance, permitting and asset management systems. DOWNLOAD

AI Compliance 2026: Policy Was the Easy Part Explore why compliance is more than rules and how governments can implement AI responsibly. READ NOW

Modernizing and Funding Cybersecurity in the Age of AI This paper explores how state and local governments can modernize cybersecurity strategies to keep pace with rapidly evolving, AI-driven threats. DOWNLOAD

The H.R. 1 Mandate: Modernizing Medicaid and SNAP H.R. 1 adds substantial administrative obligations to Medicaid and food assistance programs. Learn why automation is essential to handle growing workloads and complexity. DOWNLOAD

The 2026 State of Online Payments This sixth annual report delivers essential insights into how, when, and why Americans are paying their bills digitally. DOWNLOAD

Securing the Reset: How Idaho Strengthened Security and Governance This case study explores how transitioning to a FedRAMP-authorized environment enabled greater accountability, streamlined operations and enhanced protection of sensitive data, while reducing the burden of legacy systems. DOWNLOAD

From Buzz to Benefit: Making AI Mission-Relevant Public sector leaders are under pressure to turn AI from a promising concept into measurable impact, but many initiatives stall at the pilot stage. This paper explores how agencies can move beyond experimentation by aligning AI investments with mission-driven priorities and address common barriers like cost and governance. DOWNLOAD

Why Identity Is Now Core HHS Infrastructure For HHS agencies, identity verification is no longer a support support function. This paper explains how modern identity platforms give agencies a consistent, risk-based way to verify new applicants and returning beneficiaries. DOWNLOAD

To access Justia's list of its Most Popular Employment Law Blogs Click HERE

Administrative Law Judge finds that there was an insufficient nexus between the employee’s off-duty conduct and his public employment to establish misconduct

2026-04-10T09:00:00.001-04:00

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D. Turilli recommended dismissal of charges against the Respondent, an emergency medical technician [EMT] employed by the New York City Fire Department [FDNY] in its Bureau of Emergency Medical Services [EMS] after the FDNY failed to prove the EMT's alleged misconduct.

FDNY had alleged that four posts EMT had displayed on his personal Facebook account contained offensive gender-based content in violation of FDNY's Social Media Policy, EEO Policy, and Code of Conduct.

Noting that EMT had not identified himself as an EMT nor as a FDNY employee on his personal Facebook account, the posted content Facebook did not directly relate to EMT’s employment and that there was no evidence that any of EMT’s co-workers viewed or were likely to view the Facebook posts at issue, the ALJ held that there was an insufficient nexus between EMT’s off-duty conduct and his employment as an EMT by NYFD to establish misconduct.

The ALJ also found that "the First Amendment" protected EMT’s online speech from discipline and opined that EMT’s posts related to matters of public concern in that they touched upon issues of gender identity, public education, and diversity but there was insufficient evidence to establish the potential for a hostile work environment at FDNY or disruption to the public perception of EMS.

Accordingly, the ALJ recommended the dismissal of the disciplinary charges served on EMT.

Click HERE to access Judge Turilli's findings and ALJ's recommended disposition of the matter posted on the Internet.

Audits of BOCES, school districts and municipalities posted on the Internet

2026-04-09T09:00:00.022-04:00

Audits of municipalities, BOCES and school districts listed below were posted on the Internet by New York State Comptroller Thomas P. DiNapoli on April 8, 2026.

Click on the text highlighted in color to access these audits.

East Norwich Volunteer Fire Company – Fuel Monitoring (Nassau County) Auditors found that company officials did not properly monitor fuel inventory for loss, waste or misuse. Officials did not accurately record fuel deliveries and usage, review fuel records in a timely manner or perform periodic reconciliations. As a result, 2,936 gallons of fuel, costing $7,603 were not accounted for. Officials also did not verify the accuracy of fuel purchased, ensure records were complete and accurate or reconcile fuel records to confirm proper usage. Discrepancies included 1,128 gallons not recorded, incorrect documentation of vehicle and driver IDs and missing odometer readings.

City of Ithaca – Records and Reports (Tompkins County) Although transactions recorded in the accounting records and reports auditors reviewed were generally accurate, city officials did not maintain complete and timely accounting records and reports. In addition, the city controller’s office did not prepare or provide the council with monthly financial reports, such as budget-to-actual comparisons, cash balances or fund balance estimates, and the city manager did not provide year-end financial reports to the council. Auditors found that over 4,000 transactions totaling approximately $10 million were not recorded in a timely manner and council-authorized budget adjustments exceeding $1 million were omitted. In addition, bank reconciliations for accounts totaling approximately $51 million were not completed timely.

Town of Cato – Supervisor’s Records and Reports (Cayuga County) The supervisor did not maintain complete, accurate and up-to-date accounting records and reports. Auditors found that the board lacked reliable financial information to effectively manage the town’s operations, increasing the risk of theft, waste and abuse. The supervisor assigned his duties of accounting records and preparing disbursements and financial reports to an appointed bookkeeper without providing oversight, which resulted in errors, including $348,817 in receipts and $744,572 in disbursements that went unrecorded and were not reported to the board. Bank reconciliations were inadequate, monthly financial reports were incomplete and inaccurate and payroll certification was insufficient, causing overpayments totaling at least $2,600. Additionally, the supervisor did not file the town’s annual financial report (AFR) with DiNapoli’s office, as required by state law, since 2017. While the bookkeeper filed the 2017 AFR in 2022, the others remain unfiled.

Cincinnatus Fire Department – Financial Management (Cortland County) Department officials did not ensure financial activities were properly recorded or supported and funds were not adequately safeguarded. Because the department has four subdivisions, each with its own treasurer, there is an increased risk of department funds being lost or misused. Treasurers’ records were incomplete, with deposits and disbursements not matching bank statements and six bank accounts lacking any accounting records. One additional account had an accounting ledger that recorded deposits but not disbursements. In addition, hundreds of disbursements and collections lacked supporting documentation or approval.

Monroe 2-Orleans BOCES – MiFi Usage Billings (Monroe County) The assistant superintendent did not properly monitor and manage MiFi usage billings, resulting in approximately $28,800 in unnecessary service charges for 62 devices. Officials also did not provide timely or accurate information to component school districts, limiting their ability to manage these devices. As a result, many devices were inactive or unnecessary yet continued to generate charges.

Town of Brant – Transparency of Fiscal Activities (Erie County) The board did not conduct or provide for an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. The supervisor also did not prepare and file the required 2022 through 2024 AFRs with DiNapoli’s office. Furthermore, the supervisor did not provide the board with complete, accurate and reliable monthly financial reports, which prevented the board from effectively monitoring the town’s financial position and available fund balance to make informed decisions.

Truxton Fire District – Audit Follow-Up (Cortland County) The review assessed the Truxton Fire District’s progress in implementing recommendations in the audit Truxton Fire District – Board Oversight, released in November 2022. The audit determined that district officials did not provide adequate oversight of district financial activities and did not complete mandatory fiscal oversight training. To help officials improve their oversight of financial activities and to complete the mandatory fiscal oversight training, the audit contained 11 recommendations. The board fully implemented one recommendation, partially implemented four, did not implement five, and one was no longer applicable.

Chittenango Central School District – Audit Follow-Up (Madison/Onondaga Counties) The review was to assess the Chittenango Central School District’s progress in implementing recommendations in the audit Chittenango Central School District – Information Technology, released in March 2024. The audit determined that district officials did not adequately manage nonstudent network and local user account access and develop an information technology (IT) contingency plan. To help officials improve their oversight of user account access and develop a contingency plan, the audit contained four recommendations. The board, district officials and the director of technology partially implemented two recommendations and did not implement two recommendations. Auditors also reviewed the district’s progress in implementing recommendations related to the sensitive IT control weaknesses and communicated those results confidentially to officials.

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Attendance and Leave Memoranda updates posted on the Internet

2026-04-08T09:00:00.007-04:00

The New York State Department of Civil Service has published the following Attendance and Leave Memoranda applicable to certain employees of New York State departments and agencies and may be downloaded by clicking on the URLs set out below:

Advisory Memorandum 2026-01, Special Holiday Waiver Memoranda of Understanding for Security Supervisors Unit (SSpU), Security Services Unit (SSU), and Agency Police Services Unit (APSU)

and

Advisory Memorandum 2026-02, Memoranda of Understanding on Extension of Special Military Benefits and Post-Discharge Benefits through December 31, 2026

If you wish to print Advisory Memorandum 2026-01, a version in PDF format is available by clicking on the following URL: AM 2026-01 PDF

If you wish to print Advisory Memorandum 2026-02, a version in PDF format is available by clicking on the following URL: AM 2026-02 PDF

Click HERE to view previous Attendance and Leave bulletins issued by the New York State Department of Civil Service.

Artificial Intelligence [AI] education and training now available to New York State's workforce

2026-04-07T10:30:00.010-04:00

On April 6, 2026, Governor Kathy Hochul announced the expansion of artificial intelligence (AI) education and training to the entire New York State workforce, fulfilling a bold and forward-looking 2025 State of the State pledge that ensures over 100,000 state employees can use AI responsibly to better serve New Yorkers. This expansion makes New York the largest state in the nation to securely provide this emerging technology to its entire state workforce.

“We are putting New York at the forefront of the AI revolution, ensuring that the journey forward is safe and responsible,” Governor Hochul said. “I’m excited to fulfill our vision of embracing innovation, upskilling our employees and better serving New Yorkers.”

Today’s action builds upon the success of the recently completed AI training pilot program managed by the Office of Information Technology Services (ITS), which extended AI training and AI Pro, a secure generative AI assistant tool, to more than 1,200 users across eight state agencies.

Pilot results revealed:

75 percent of pilot participants saved time using AI Pro
90 percent felt their understanding of AI improved following the pilot program
Participants generated over 170,000 prompts during the pilot period
86 percent of users want to continue using AI Pro after the pilot

AI training is offered to state employees in partnership with InnovateUS, an online platform governed by a coalition of public sector learning and innovation leaders. InnovateUS has trained over 200,000 public sector learners across 50 states and cities and in 80 countries. The two-part training is specifically designed to teach NYS employees about responsible AI use as a public sector employee.

Accompanying the training is the AI Pro generative AI assistant, developed by ITS and powered by Google Gemini, which will provide State employees with a secure environment to hone their AI skills, and unlock ideas about how AI could help agencies problem-solve and deliver even more for New York.

These new AI training resources, including the AI Pro tool, will be provided to the 50+ state agencies and entities ITS supports, while the AI training will be offered to all state workers. Responsible AI training will be required for agencies that elect to use AI Pro.

New York State Chief Information Officer and Director of ITS Dru Rai said, “Governor Hochul has been a national leader without peer when it comes to leveraging technology to enhance productivity in government, improve service delivery and create efficiencies so state agencies can better serve the public. We are thankful to have incredible support for this groundbreaking initiative and know that responsible AI will bring us limitless possibilities to enact positive change, while giving our employees an opportunity to grow their own skills for the future.”

InnovateUS Founder Beth Noveck said, “By equipping its workforce with practical AI and digital skills through InnovateUS, New York will be positioned to deliver better, more efficient and responsive services for its residents. At InnovateUS, we look forward to continuing to support Governor Hochul and our New York partners to harness the potential of AI to serve the public.”

Google Public Sector Customer Engineering Managing Director Elizabeth Moon said, “Equipping New York State employees with both the skills and tools to use AI responsibly is critical to unlocking this technology's potential to drive efficiency and innovation, enabling the public sector workforce to better serve New Yorkers. ITS's AI Pro, powered by Gemini, underscores Google Public Sector's commitment to supporting New York State’s digital transformation. We applaud Governor Hochul’s focus on setting an example for how government can embrace technology to build a better future.”

Assemblymember Steve Otis said, “Governor Hochul’s announcement today marks a vitally important next step to advancing responsible and knowledgeable use of AI tools by state agencies. Artificial intelligence tools bring great benefits and risks. Providing training programs will help support state employees and provide a framework for quality control protections essential to responsible AI use. Governor Hochul, the Legislature, and our team at the Office of Technology Services continue to make keeping up with the evolution of AI a priority.”

Praise for the AI Training Pilot Program

Last Fall at the Governor’s direction, ITS initiated an expansive AI training pilot program with more than 1,200 participants across eight state agencies, including the Department of Labor (DOL), the Division of Homeland Security and Emergency Services (DHSES), the Department of Health (DOH), NYS Homes and Community Renewal (HCR), the Office of People with Developmental Disabilities (OPWDD), the Office of General Services (OGS), the Division of Human Rights (DHR) and the Division of the Budget (DOB).

Participants represented a range of roles and professional experience levels, including workers from administrative, communications, policy, legal, service delivery, operations and technical functions. 41 percent of pilot users entered the pilot program with no prior experience using generative AI tools, and 87 percent of users had received no prior training in generative AI. Overall confidence using generative AI rose by 36 percent following the pilot program.

Pilot participants outlined numerous cases where AI Pro streamlined their work and facilitated decision-making, including crafting executive summaries and policy briefs, translating complex topics into easily digestible language, summarizing large reports and consolidating duplicative documents, and facilitating the creation of data dashboards, among other uses. Throughout the pilot and with all uses of AI Pro, careful human oversight was emphasized.

Users found that using AI Pro often allowed them to spend more time focusing on high-level, complex, and high value tasks.

Governor Hochul’s Innovation Agenda

Governor Hochul’s commitment to advancing New York’s leadership in AI builds on her broader agenda to expand cutting-edge technology development in the Empire State. Governor Hochul launched the historic Empire AI initiative, a $500 million partnership of New York’s leading public and private universities who have come together to establish a state-of-the-art AI computing center at SUNY’s University at Buffalo. Empire AI is already facilitating statewide innovation, research, and development of AI technologies.

The recently completed AI Training pilot was part of a series of initiatives announced as part of the Governor’s 2025 State of the State to ensure equitable growth of the AI industry in New York, including training students for AI-enabled jobs, funding NY AI startups, supporting small businesses with AI adoption and tracking the potential impact of new technologies on the workforce. These programs followed recommendations released by the Governor’s Emerging Technology Advisory Board, co-chaired by IBM CEO Arvind Krishna and Girls Who Code CEO Dr. Tarika Barrett.

At the Governor’s direction, ITS wrote and issued the first-ever statewide policy, Acceptable Use of AI Technologies, which now serves as a roadmap for state agencies to adopt AI thoughtfully, safely and responsibly, while optimizing efficiencies and delivering quicker and better results for their constituents.

Most recently, Governor Hochul launched the FutureWorks Commission to advise on policy and private sector interventions which protect the economic security of workers while harnessing the economic benefits of AI. The Commission will work to identify real-time data strategies for monitoring AI’s impact, and identify policy and private sector interventions to ensure New York’s workers, families and small businesses, not just large corporations, stand to gain from the potential benefits of AI.

The Governor’s innovation agenda has catalyzed major public and private investments, transforming New York’s economy and creating good-paying jobs of the future. GlobalFoundries recently announced an $11.6 billion investment to expand its chip manufacturing campus in New York’s Capital Region, creating 1,500 direct jobs and thousands of indirect jobs. In 2022, Micron announced a 20-year, $100 billion investment to create a megafab campus in Central New York, creating 50,000 new direct and indirect jobs and unlocking hundreds of millions of dollars in community benefits.

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Administrative Law Judge recommended that the appointing authority terminate an employee found to have falsified an entry into the patient’s medical records.

2026-04-07T09:00:00.037-04:00

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Astrid B. Gloade recommended termination of employment of a respiratory therapist [Respondent] who left a patient’s ventilator on standby mode for 30 minutes, thereby depriving the patient of oxygen, and then falsified the entry in the patient’s medical records concerning the event.

The employer [Appointing Authority] alleged that the Respondent had engaged in misconduct by failing to switch a patient’s bedside ventilator from “standby” to “active” mode and then made a false entry in the patient's medial record.

Noting that Respondent admitted in a written statement that she failed to switch the patient’s ventilator from standby to active, the ALJ found that Respondent’s action constituted misconduct.

Respondent also failed to offer any evidence to rebut the Appointing Authority's allegation that she falsified the information reported on the patient's ventilation flow sheet. Accordingly, Judge Gloade found that the Appointing Authority had established that Respondent had knowingly misrepresented her activities with respect to the event.

Although Respondent was a long-time employee and had no prior disciplinary history, the ALJ determined the termination was the appropriate penalty "given the egregious nature of the proven misconduct" and Appointing Authority’s significant interests in providing competent care to patients and ensuring the accuracy of patient records.

Click HERE to access Judge Gloade findings and the penalty recommended be imposed by the Appointing Authority.

Deceased employee estate denied representation and indemnification by the employer because the individual's actions were not undertaken as part of his regular duties

2026-04-06T09:00:00.031-04:00

In this CPLR Article 78 action Petitioners challenged the determination of the Orange County Executive that the Estate of a deceased Orange County, New York employee [Deceased] was not entitled to defense or indemnification by the County in an action pending in the United States District Court, Southern District of New York.

The County Executive's found that the Decease's acts did not involve the performance of his "regular duties", a determination that was sustained by Supreme Court, Orange County. Petitioners then appealed the Supreme Court's ruling.

The Appellate Division said the issue of whether a county employee's act was "committed within the scope of his [or her] public employment and the discharge of his [or her] duties" is a factual question. In the words of the Court, "Orange County Local Law 3 provides that the determination as to whether a County employee was so acting and, thus is entitled to defense and indemnification, is to be made in the first instance by the County Executive."

The Appellate Division then noted that County Executive's "determination may be set aside only if it lacks a factual basis, and in that sense, is arbitrary and capricious".

In the instant action Appellate Division found that the County Executive's determination that the Deceased was not acting within the scope of his employment or duties with the Office of the Orange County District Attorney [OCDA] in connection with his conduct alleged in the federal action. Accordingly, the Court concluded that the Estate was not entitled to be "defended and indemnified" by the County.

In particular, the Appellate Division said the County Executive "rationally based his determination on the allegations of the complaint in the federal action and in the underlying federal indictment demonstrating that [the Deceased's] actions in investigating and prosecuting ... were not undertaken as part of [the Deceased's] normal duties as an OCDA prosecutor but rather were undertaken in connection with an illegal bribery scheme carried out with his friend ... purely for personal purposes, and which was actively concealed from the OCDA".

Click HERE to access the Appellate Division's decision posted on the Internet.

Selected items posted on the Internet during the week ending April 3, 2026

2026-04-04T09:00:00.015-04:00

CALL FOR ENTRIES for the AI 50 Awards 2026! The Center for Public Sector AI invites all US state, local, and tribal governments, education and nonprofit entities, as well as private industry partners, that are advancing artificial intelligence, to participate in the AI 50 Awards 2026. Submissions are due April 10, 2026. LEARN MORE

Introducing the City Manager Innovation Council Build trusted relationships with city leaders shaping priorities and investment decisions. Explore the Council

How AI-Powered Agents Streamline State and Local Service Delivery Explore how AI agents can help state and local governments handle routine tasks, streamline operations, and give staff more time for complex issues. DOWNLOAD

Modernizing and Funding Cybersecurity in the Age of AI This paper explores how state and local governments can modernize cybersecurity strategies to keep pace with rapidly evolving, AI-driven threats. DOWNLOAD

Modernizing Outdated Identity Tools in the Public Sector Many public sector organizations are trying to secure complex, modern IT environments with identity systems that were designed decades ago. This guide outlines a practical path to modern identity architecture. DOWNLOAD

Local Data Protections in Automated Enforcement Explore how cities protect data privacy while using automated enforcement systems responsibly. READ NOW

The Workforce Tools Delivering ROI in State and Local Government Explore how public sector leaders are adopting AI, automation, and safety technologies to solve today’s workforce challenges. This new research highlights what’s working, what workers want, and where public agencies are seeing real ROI across operations, training, and service delivery. DOWNLOAD

New York State Comptroller Thomas P. DiNapoli released the following State Government Accountability audits

2026-04-03T09:00:00.002-04:00

Audits of the New York State Departments and Agencies listed below were posted on the Internet by New York State Comptroller Thomas P. DiNapoli on April 2, 2026.

Click on the text highlighted in color to access these audits.

Department of Health – Medicaid Program: Managed Care Payments to Unenrolled Providers (Follow-Up) (2025-F-21)

The 21st Century Cures Act mandated that managed care in-network providers, with certain exceptions, enroll as participating providers in the state Medicaid program by January 1, 2018. Through the screening and provider enrollment process, the Department of Health (DOH) gains some assurance of providers’ validity to provide Medicaid services. A prior audit, issued in June 2024, found that DOH did not monitor encounter claims to identify inappropriate managed care payments to providers who were not enrolled in Medicaid and found weaknesses in controls that led to over $1.5 billion in improper and questionable payments. DOH officials made some progress in addressing the problems identified in the initial audit report. Of the initial report’s 10 audit recommendations, two were implemented, five were partially implemented, and three were not implemented.

Department of Health – Medicaid Program: Recovering Managed Care Payments for Inpatient Services on Behalf of Recipients With Third-Party Health Insurance (Follow-Up) (2025-F-10)

The Department of Health (DOH) uses post-payment reviews to identify when a third-party health insurance (TPHI) carrier may be responsible for payments for services originally paid by Medicaid. The Office of the Medicaid Inspector General (OMIG) contracted with Health Management Systems, Inc. (a Gainwell Technologies company [Gainwell]), to perform these reviews and to pursue recoveries from TPHI carriers or providers. A prior audit, issued in September 2023, determined that DOH and OMIG lacked adequate oversight of the third-party liability recovery process. Gainwell had not billed TPHI carriers for the recovery of about $52.2 million in inpatient encounter claims that Medicaid managed care organizations paid as the primary insurance for recipients who, according to eMedNY (DOH’s Medicaid claims processing and payment system), had TPHI inpatient coverage. DOH and OMIG officials made minimal progress in addressing the problems identified in the initial audit report. Of the initial report’s eight audit recommendations, two were implemented, two were partially implemented, and four were not implemented.

Department of Health – Medicaid Program: Medicaid Payments for Early Refills of Prescription Drugs and Supplies (2024-S-16)

Through NYRx, New York State Medicaid’s Pharmacy program, the Department of Health (DOH) pays pharmacies directly for medically necessary prescription drugs and supplies provided to Medicaid members. Early refills are refills on prescriptions before the previous supply has been fully used. For the period from April 2023 through October 2024, auditors identified over 3.6 million claims totaling approximately $585.2 million for drugs and supplies refilled too early. While many claims were filled just a few days earlier than allowed by policy, nearly 43% of the findings had 20 or more excess supply days. Auditors identified multiple weaknesses in DOH’s edit logic that allowed these claims to be paid despite meeting DOH’s criteria for denial.

Department of Health – Medicaid Program: Claims Processing Activity October 1, 2024 Through March 31, 2025 (2024-S-26)

During the 6-month period ended March 31, 2025, the Department of Health’s (DOH) claims processing system, eMedNY, processed over 328 million Medicaid claims, resulting in payments to providers of over $46 billion. Auditors identified over $13.8 million in improper Medicaid payments. As a result of the audit, more than $3.4 million of the improper payments was recovered. The audit also identified 14 Medicaid providers who were charged with or found guilty of crimes that violated laws or regulations governing certain health care programs. In response to these findings, DOH removed 13 providers from the Medicaid program and was reviewing the ownership status of the remaining provider.

Homes and Community Renewal – Division of Housing and Community Renewal: Physical and Financial Conditions at Selected Mitchell-Lama Developments Located Outside New York City (Follow-Up) (2025-F-18)

The Mitchell-Lama Housing program was created to provide affordable rental and cooperative housing to middle-income families. A prior audit, issued in December 2023, found the Division of Housing and Community Renewal (DHCR) did not adequately oversee the physical and financial conditions at the sampled developments. Management at those developments misspent funds and failed to provide a safe and clean living environment for the residents. Auditors identified issues with 164 transactions totaling $327,363 and, at two of five sampled developments, observed hazardous conditions such as water-damaged ceilings and rusty, loose railings. DHCR officials made some progress in addressing the problems identified in the initial audit report, implementing one audit recommendation, partially implementing four, and not implementing two.

The Mitchell-Lama Housing program was created to provide affordable rental and cooperative housing to middle-income families. A prior audit, issued in July 2024, found that Sunnyside Manor’s Board held a checking account separate from the development’s operating account, with a balance of $14,888 as of March 31, 2022. Bank statements for the Board-held account showed numerous questionable debit card transactions. This Board-held account was not included on Sunnyside Manor’s general ledger and audited financial statements and appears to have received limited oversight. Division of Housing and Community Renewal officials have made progress in addressing the issues identified in the initial audit report. Of the initial report’s three audit recommendations, two were implemented and one was partially implemented.

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Plaintiff's CPLR Article 78 petition seeking a court order annulling employer's decision to discontinue the services of a probationary employee rejected

2026-04-02T09:00:00.033-04:00

Supreme Court denied Plaintiff's petition seeking to obtain a court order annulling the New York City Department of Education's [DOE] decision to discontinue Plaintiff's probationary employment, rejecting Plaintiff's argument that her termination was made in retaliation for her filing a complaint with Office of Equal Opportunity. Plaintiff appealed, but the Appellate Division unanimously affirmed the Supreme Courts decision.

The Appellate Division explained that Petitioner's challenge of the lower court's decision to discontinue her probationary employment was properly denied as Plaintiff failed to show that her termination before the completion of her maximum period of probation:

a. Was for a constitutionally impermissible purpose; or

b. Was in violation of law; or

c. Was made in bad faith.

The Appellate Division opined that Plaintiff's argument that her termination was in retaliation for filing a complaint with the Office of Equal Opportunity was speculative, given the evidence of her misconduct, insubordination, and performance issues which had been discussed with her at meetings with administrative officials and her union representative which predated her filing of her Human Rights Law complaint. The Court held that that the record supports the conclusion that DOE's decision to terminate Plaintiff's probationary employment was due to Plaintiff's professional misconduct and insubordination.

Addressing Plaintiff's "motion to renew" presented to Supreme Court, the Appellate Division said that Supreme Court "providently denied the motion to renew" because Plaintiff did not present any new evidence that could not have been presented in [the Plaintiff's] petition or that would have rendered a different result".

The Appellate Division noted that "No appeal lies from that part of the Supreme Court's order which denied [Plaintiff's] motion to reargue."

Click HERE to access the Appellate Division's decision posted on the Internet.

Circumstantial evidence considered by the hearing officer in a Civil Service Law Section 75 disciplinary action

2026-04-01T09:00:00.030-04:00

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D.Turilli recommended termination of employment for a correction officer [Respondent] he found had engaged in undue familiarity by facilitating the transfer of contraband between detainees.

Citing OATH Index No. 1593/20 (Sept. 28, 2020), adopted, Comm’r Dec. (Dec. 16, 2020), aff’d, NYC Civ. Serv. Comm’n Case No. 2020-0810, in which the then presiding ALJ held that “A finding based entirely on circumstantial evidence may be established in a Civil Service disciplinary proceeding so long as the circumstantial evidence supports the conclusion that ‘the inference drawn is the only one that is fair and reasonable'”, in the instant disciplinary action Judge Turilli noted that there was circumstantial evidence of:

a. Respondent’s surreptitious retrieval and delivery of the items captured on video;

b. Respondent's concealment of his actions on official logbooks; and

c. An audio recording of conversations between the detainees involved.

The ALJ concluded that Respondent knew that the box and the envelope had come from a detainee in the restricted housing area and that Respondent knowingly transported the contraband to another housing area. In addition, Judge Turilli said that Respondent’s denial of knowledge was uncorroborated, self-serving, and not credible.

Judge Turilli recommended that the appointing authority terminate Respondent's employment, finding that neither Respondent’s disciplinary history nor the lack of evidence regarding the contents of the box and envelope warranted a lesser penalty.

Click HERE to access Judge Turilli's decision posted on the Internet.

Discrete acts of a school board over a period of time alleged to constitute misconduct fail to establish a continuing wrong

2026-03-31T09:00:00.042-04:00

Observing that the "discrete acts of misconduct" described by Petitioner in her petition and which allegedly took place between January 2025 and September 2025, each of these acts having occurred more than 30 days prior to service of the Plaintiff's petition, the Commissioner of Education found that such acts, in the aggregate, did not constitute a continuing wrong.

The Commissioner explained that:

1. With respect to the challenged contracts, the Commissioner said it has been consistently held that the 30-day time limitation set for filing such appeals “commences upon the award[ing] of [a] contract”; and

2. It has been consistently held that events "like school elections and board meetings" also trigger unique and independent 30-day time limitations.

Accordingly, the Commissioner found that Petitioner’s claims were untimely and must be dismissed, indicating that "[in] light of this determination, [she] need not address the parties’ remaining contentions".

Click HERE to access the Commissioner's decision posted on the Internet.

The United States Postal Service has changed its postmark dating system which may affect time sensitive mailings

2026-03-30T09:00:00.180-04:00

The United States Postal Service [USPS] modified its postmark system used to indicate when it "took possession" of the mail entrusted to it for delivery to the addressee effective December 24, 2025.

Postmarking at a local post offices is being discontinued in certain areas and a USPS machine-applied postmark system is being used to at USPS processing centers to indicate the date USPS took possession of mail for delivery to the addressee. As a result, the postmarks applied at a processing facility may be later than the date the mail piece was actually first received by the USPS at a local post office.

This discrepancy is expected to become more common due to the implementation of the USPS' "Regional Transportation Optimization" [RTO] initiative. The adoption of such a centralized service for affixing postmarks reporting the date when USPS "accepted" the mail piece may become of concern where the mail being sent to an addressee is subject to a statute of limitations or other time sensitive limitations for posting to the addressee in order to qualify as a valid timely posting.

To assure a postmark is applied on the same day a document is accepted by the USPS for processing, individuals may be required to use local USPS retail services that will require the USPS postal patron to present the mail piece at a USPS retail counter and request the postal clerk to place a local postmark "manually" on the item being mailed. As the postmark would be applied at the time of acceptance of the piece of mail by the postal clerk, the date of the postmark is evidence of the item being in the possession of the USPS for delivery of the item having been timely mailed.

In the alternative, USPS had indicated that:

a. When a customer pays for postage at a retail counter, the postage stamp would cancelled by postal clerk and indicate the date it was accepted by the UPSP or a PVI label would be used by the postal clerk to indicate that the mailed item was accepted by the USPS for delivery; or

b. If the postal patron uses Registered or Certified Mail, the receipt the patron receives for using such service will provide the date the item was accepted by USPS for mailing,

The date the item was posted is critical should it become necessary to demonstrated that certain mail such a tax return, a tax payment, a mail ballot or other "time sensitive" mailings was timely made should it become a legal issue.

As to New York case law addressing this type of situation, in McLaughlin v Saga Corporation, 242 AD2d 393, a case involving an appeal seeking workers' compensation benefits filed with the New York State Workers' Compensation Appeals Board [WCB], the Appellate Division initially took the position that an appeal is untimely if it is found to have been physically received by the appellate body after the statute of limitations had passed.

Initially the Appellate Division held that although the appeal was mailed within the 30-day period allowed for filing the application seeking Workers' Compensation benefits if the WCB physically receive the item at issue after the statute of limitations had passed it was untimely.

In Saga when claimant sought permission to appeal the Appellate Division's decision, the Court elected to reconsider its ruling. It then reversed its initial ruling, holding that it is the date the USPS accepted the mail for processing, rather than the date of receipt by the addressee, that controls in determining the timeliness of an administrative appeal.

In the words of the Court:

"Because [the date the appeal was due] fell upon a Saturday, however, the time limit was automatically extended to Monday, February 7, 1994 (see General Construction Law §25-a), the date upon which claimant's application for Board review was, in fact, mailed. This was sufficient to satisfy the time limitation of Workers' Compensation Law §23 despite the fact that the application for Board review was not actually filed with the Board until February 15, 1994."

The Appellate Division then explained it issued its revised ruling after concluding that if a party has a statutory right to make a decision, which may be then filed by mail, this period would necessarily be shortened if the appellate body could insist that it physically receive the mailed notice no later than the last day of the period of limitation.

The Court concluded that the method of service of a notice of appeal, by mail or by personal delivery, should not determine the time period available to the claimant to decided whether or not to appeal an administrative ruling.

Click HERE to access the Appellate Division's decision posted on the Internet.

Selected items from Internet blogs posted during the week ending March 27, 2026

2026-03-28T09:00:00.014-04:00

Veterans Benefits Webinar Disabled veteran attorney Benjamin Krause educates veterans nationwide. Veterans can register for his April webinar and access free resources at disabledveterans.org.

Introducing the City Manager Innovation Council Build trusted relationships with city leaders shaping priorities and investment decisions. Explore the Council

A Roadmap for Upgrading Resident Login and Access Modernizing how residents log in to government services doesn’t require a massive IT overhaul. This guide explains how state, provincial, and local agencies can introduce Customer Identity and Access Management (CIAM)—the systems that manage citizen registration, login, and multi-factor authentication—using a phased approach that works with existing platforms. DOWNLOAD

Why SD-WAN is the Future of Government Networking Government networks are under growing pressure as agencies adopt cloud services, deploy AI tools and deliver more digital services to residents. This paper explains why software-defined wide area networking (SD-WAN) is emerging as a critical foundation for modern government infrastructure, helping agencies increase capacity, strengthen security and reduce networking costs. DOWNLOAD

What It Takes to Rebuild After Wildfires Discover how small teams leverage technology to deliver faster, more resilient disaster recovery. LISTEN NOW

Former Fire Company Treasurer pleads guilty to stealing almost $75,000 from the Fire Company

2026-03-27T09:00:00.023-04:00

State Comptroller Thomas P. DiNapoli, Ontario County District Attorney Jason MacBride, and Ontario County Sheriff David Cirencione announced that Jill Havens, the former Treasurer of the Citizens Hose Company in Shortsville, pleaded guilty to felony theft of nearly $75,000 over a four-year period.

“Jill Havens not only exploited the trust of the members of the fire company who volunteer their time to protect their community, but her community which the company serves,” DiNapoli said. “She will now be held accountable for her crimes and the Company made whole. I thank District Attorney MacBride and Sheriff Cirencione for their partnerships in rooting out fraud.”

“Today marks an important step in moving forward for the Citizens Hose Company", Cirencione said. “I am pleased Ms. Havens has taken responsibility for her actions and made a significant payment toward her restitution which will help the fire service in Shortsville fund necessary programs and equipment as intended. My thanks to now retired Inv. Doug Smith who spent countless hours pouring over financial records and interviewing witnesses in order to make an arrest in this case. Comptroller DiNapoli and his staff were instrumental in assisting us throughout this investigation. District Attorney Jason MacBride has now held Ms. Havens accountable for this significant theft. We encourage anyone who suspects that fraudulent activity is occurring in any non-profit or service organization to report it.”

Members of the Citizens Hose Fire Company alerted the Ontario County Sheriff’s Office and the Ontario County District Attorney’s Office when they suspected money was being stolen from the company. A joint investigation was then launched by DiNapoli’s Office, Ontario County Sheriff’s Office and the Ontario County District Attorney’s Office.

Havens served as the fire company’s treasurer from 2018 through August 2022. As treasurer she had access to the company’s bank account and credit card. Investigators found she issued unauthorized checks and made personal purchases with fire company funds, then altered the company’s financial records to conceal her crime. She used the money to pay off her credit cards, make retail purchases, and to pay for online video games.

Haven’s predecessor at the hose company was convicted of grand larceny in 2019, after an investigation by DiNapoli found that she had embezzled over $24,000 in company funds. In 2020, the Comptroller issued an audit report recommending various measures to enhance internal controls at the company.

Havens pled guilty to grand larceny in the second degree in Ontario County Court, in front of Judge Gregory McCaffery. She paid $40,000 in restitution today with the remainder due at sentencing.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

Failing to name all necessary parties to the litigation is fatal to petitioner's cause of action

2026-03-26T09:00:00.031-04:00

In this action Supreme Court denied Plaintiff's petition seeking, among other things, a writ of mandamus compelling New York City Health and Hospitals Corp. [Corporation] to appoint Plaintiff to the position of Senior Stationary Engineer [SSE]. Plaintiff's petition, however, failed to name all necessary parties* involved and Supreme Court granted the Corporation's motion to dismiss Plaintiff's petition. Plaintiff appealed but the Appellate Division affirmed the Supreme Court's ruling, without costs.

The Appellate Division, noting Petitioner had not shown that the administration of the SSE examination violated the merit and fitness clause of the New York State Constitution or that it was arbitrary, capricious, or violated due process, opined that Supreme Court had "providently granted" the Corporation's motion and dismissed the proceeding on the ground that Petitioner failed to join all the necessary parties.

Petitioner did not dispute the argument that the applicants who passed the SSE examination and were promoted to the position of SSE would be "inequitably affected by a judgment" in Petitioner's favor or contend that the examination's content or its administration was unconstitutional or in violation of law. However, Petitioner only named one applicant for the SSE position in his petition and, in the words of the Appellate Division, "did not identify any of [the] other necessary parties to this proceeding, rendering it impossible to bring the parties before the court."

* A necessary party is a party whose interests could be adversely affected by the outcome of the relevant litigation.

Click HERE to access the Appellate Division's decision posted on the Internet.

Termination of a probationary employee during the individual's probationary period

2026-03-25T09:00:00.267-04:00

The New York City Department of Correction (DOC) terminated an employee from her non-competitive class position without notice and hearing. DOC subsequently reinstated the employee but rejected her request for backpay, whereupon the employee sued DOC for the back pay she claimed was due her.

Although the parties disputed whether Petitioner had completed her probationary period by the date of her discharge, the Appellate Division said it need not resolve that dispute because, even if Petitioner had completed her probationary period, she would not have been entitled to a pretermination hearing under the Civil Service Law, which affords tenure protections to employees serving in non-competitive class titles only once they have completed at least five years of continuous service.

Citing Civil Service Law §77, the Appellate Division held that "Because petitioner was not discharged in violation of the Civil Service Law, there is no basis to order her reinstated with backpay."

With respect to termination of a probationary employee prior end of his or her maximum period of probation in York v McGuire, 63 NY2d 760, the Court of Appeals set out the basic rules concerning the dismissal of probationary employees as follows:

“After completing his or her minimum period of probation and prior to completing his or her maximum period of probation, a probationary employee can be dismissed without a hearing and without a statement of reasons, as long as there is no proof that the dismissal was done for a constitutionally impermissible purpose, or in violation of statutory or decisional law, or the decision was made in bad faith”.

As a general rule, a "permanent" appointment to a position in the classified service takes effect on the date of the individual's appointment subject to the individual's successful completion of their required probationary but the individual does not attain tenure in the position until:

[a] he or she satisfactorily completes his or her maximum period of probation or

[b] the appointing authority lawfully truncated the individual's maximum period of probation or

[c] the individual is found to have attained tenure by estoppel.

Further, in the event a probationer is absent due to “ordered military service,” his or her military service is to be credited “as satisfactory service” for the purpose of completing his or her probationary period if he or she is honorably discharged or released from active duty*. This means that an individual may satisfy his or her probationary period requirements while on serving ordered military duty.

If the individual is appointed or promoted to a position while on military duty, his or her military service is also to be counted as “satisfactory service” for the purposes of probation upon honorable discharge or release from active duty.

* See §§242 and 243 of the New York State Military Law.

Click HERE to access the Appellate Division's decision in the instant matter posted on the Internet.

Mission Accomplished Transition Services to present The Power of Mentorship featuring Coach Carmen and others.

2026-03-24T09:05:00.000-04:00

Special Assistant for Intergovernmental & Community Affairs at the NYS Department of Public Service, Ezra P. Scott Jr, is hosting the next Albany Professionals Under 40 and Friends' [APF 40] networking event which will focus on the importance of mentorship. The meeting will be held on:

Friday, March 27, 2026, 6:00 PM – 9:00 PM

at a new location

The Country Inn & Suites by Radisson

300 Broadway,

Albany, N.Y. 12207.

Please note that “And Friends” means the space is open to both those under 40 and those 40 and over, so feel free to invite others in your network.

Feel free to share this announcement with those in your circle.

RSVP: https://www.tickettailor.com/events/albanyprofessionalsunder40/2071900

Looking forward to seeing you there!

Evaluating a discrimination or hostile work environment claim

2026-03-24T09:00:00.000-04:00

Supreme Court, granted the Employer's motions to dismiss certain causes of advanced in Petitioner's employment discrimination complaint. The Appellate Division unanimously reversed the Supreme Court's ruling, on the law, without costs, denied the Defendant's motions at issue and reinstated those causes of action.

The Appellate Division noted the Supreme Court had correctly observed that employment discrimination cases are generally reviewed under notice pleading standards and that a "plaintiff alleging employment discrimination need not plead specific facts establishing a prima facie case of discrimination but need only give fair notice of the nature of the claim and its grounds".

Citing Petit v Department of Educ. of City of N.Y., 177 AD3d 402, the Appellate Division explained that "In an action brought under the New York City Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL), "[f]air notice is all that is required to survive at the pleading stage" and noted that NYSHRL was amended in 2019 to "put in place a more lenient standard of liability that has been likened to that of the NYCHRL".

In the words of the Appellate Division: "Although a 'single, isolated comment' or 'stray remark' will not always suffice to sustain a discrimination or hostile work environment claim ... 'a single comment that objectifies women being made in circumstances where that comment would, for example, signal views about the role of women in the workplace' could be actionable ... Here, where [Petitioner] alleged that her supervisor implied that she only received high evaluation scores because she was engaging in sexual relations with higher-ups, the alleged remarks and attendant hostile conduct were more than 'petty slights and trivial inconveniences'".

Click HERE to access the Appellate Division's decision posted on the Internet.

SUNY Research Webinar highlighting the women who shaped New York State’s past and continue to inspire its future

2026-03-23T15:00:00.000-04:00

Join the SUNY Research Foundation Webinar on Wednesday, March 25, 2026 highlighting the women who shaped New York State’s past and continue to inspire its future. Hear from the Radley Fellows as they share their groundbreaking research.

This event honors the vision of Dr. Virginia Radley, whose fellowship uplifts SUNY scholars exploring women’s leadership, the humanities, and inclusive civic impact.

New York Public Personnel Law

Grouping students with disabilities for purposes of instruction

New York State Comptroller Thomas P. DiNapoli issued the municipal and school audits listed below on April 14, 2026

Click on the text highlighted in color to access the reports posted on the Internet.

Terms of a collective bargaining agreement and a memorandum of understanding required the exhaustion of administrative remedies

New York Data and AI Summit to be held in Albany, New York May 14, 2026

Registration is closed

Registration for this event is now closed as capacity has been reached. Onsite registration is available beginning at 1:35 pm May 14, 2026. To be added to a waiting list for full-day, please fill out the form, or if you have any questions, please contact Lee Vang at lvang@govtech.com.

In an administrative appeal to the New York State Commissioner of Education the petitioner had the burden of proof

Selected items posted on the Internet during the week ending April 10, 2026

Administrative Law Judge finds that there was an insufficient nexus between the employee’s off-duty conduct and his public employment to establish misconduct

Audits of BOCES, school districts and municipalities posted on the Internet

Attendance and Leave Memoranda updates posted on the Internet

Artificial Intelligence [AI] education and training now available to New York State's workforce

Administrative Law Judge recommended that the appointing authority terminate an employee found to have falsified an entry into the patient’s medical records.

Deceased employee estate denied representation and indemnification by the employer because the individual's actions were not undertaken as part of his regular duties

Selected items posted on the Internet during the week ending April 3, 2026

New York State Comptroller Thomas P. DiNapoli released the following State Government Accountability audits

Plaintiff's CPLR Article 78 petition seeking a court order annulling employer's decision to discontinue the services of a probationary employee rejected

Circumstantial evidence considered by the hearing officer in a Civil Service Law Section 75 disciplinary action

Discrete acts of a school board over a period of time alleged to constitute misconduct fail to establish a continuing wrong

The United States Postal Service has changed its postmark dating system which may affect time sensitive mailings

Selected items from Internet blogs posted during the week ending March 27, 2026

Former Fire Company Treasurer pleads guilty to stealing almost $75,000 from the Fire Company

Failing to name all necessary parties to the litigation is fatal to petitioner's cause of action

Termination of a probationary employee during the individual's probationary period

Mission Accomplished Transition Services to present The Power of Mentorship featuring Coach Carmen and others.

Friday, March 27, 2026, 6:00 PM – 9:00 PM

at a new location

The Country Inn & Suites by Radisson

300 Broadway,

Albany, N.Y. 12207.

Please note that “And Friends” means the space is open to both those under 40 and those 40 and over, so feel free to invite others in your network.

Feel free to share this announcement with those in your circle.

RSVP: https://www.tickettailor.com/events/albanyprofessionalsunder40/2071900

Looking forward to seeing you there!

Evaluating a discrimination or hostile work environment claim

SUNY Research Webinar highlighting the women who shaped New York State’s past and continue to inspire its future