Employee failed to link his termination to his religion rather than his noncompliance with New York City's vaccine mandate

Supreme Court granted New York City's motion to dismiss the Plaintiff's [Employee] unlawful discrimination complaint and denied Employee's cross-motion to compel discovery as moot. The Appellate Division unanimously affirmed the Supreme Court's decision, noting that "Supreme Court properly dismissed the complaint as against defendant New York City Police Department, which is a non-suable agency of the City", citing Troy v City of New York, 160 AD3d 410.

Addressing the merits of the Employee's complaint, the Appellate Division said "Plaintiff failed to allege any nonconclusory facts linking his termination to his religion rather than his noncompliance with the [New York City's] vaccine mandate" as he cited no nexus to a religious prohibition against vaccination.

The Court also observed that Employee failed to establish he suffered "constructive discharge" as "he advanced no nonconclusory facts that the Employer deliberately created working conditions so intolerable, difficult or unpleasant that a reasonable person would have felt compelled to resign".

With respect to Employee's alleged "lack of cooperative dialogue" claim, the Appellate Division noted that Supreme Court had properly dismissed that contention as Employee had "availed himself of the approved appeals process and failed to establish how it fell short of the New York State or New York City Human Rights Law."

The Appellate Division also noted that Employee's "Free Exercise claim fails, as there is no private right of action to recover damages for state constitutional violations where alternative remedies exist".

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

Selected Internet blog posts for the week ending May 29, 2026

2026 AI Risk and Readiness Report Most organizations are making decisions about AI security without a full picture of how it’s being used across their environment. Based on new data from over 1,200 cybersecurity professionals, this report highlights where those visibility gaps commonly exist and what they mean for managing data and risk. DOWNLOAD

Broadband-Powered Mobile Is Changing the Marketplace Cable mobile uses the broadband infrastructure and Wi-Fi networks to deliver choice, competition, and more affordable plans to Americans. Learn more

Affordable Connectivity Supports Everyday Opportunity From homework to telehealth to job searches, families need reliable connectivity at a price they can manage. See how the cable industry helps. Learn more

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

Solving AI Governance Across the Public Sector Many agencies are trying to create AI policies while employees are already using AI tools. This executive brief examines the operational realities behind AI governance, including how organizations can uncover hidden usage, clarify ownership, and manage risk without slowing down productivity. DOWNLOAD

Preventing Outbound Email Data Loss Across the Public Sector Learn how behavioral AI and adaptive email security help public sector organizations prevent misdirected emails and data loss.  WATCH NOW

Break the Silos: Real-Time Public Safety with 5G Learn how to improve public safety response with secure 5G communications that unite agencies in real time, fast. WATCH NOW

Fighting the Cyber 'Domino Effect' Join us with Google to learn practical strategies for securing endpoints, managing SaaS risk, and building a more resilient cybersecurity posture. WATCH NOW

Reimagining Cybersecurity Workflows with the State of Kansas Learn how agencies are modernizing endpoint visibility and strengthening their security operations. WATCH NOW

Mission Possible: Operationalizing AI in Government Learn how governments can turn AI experimentation into practical solutions that improve public services and agency efficiency. WATCH NOW

Proposed State-CSEA agreement would cover more than 55,000 employees of the State of New York

On May 29, 2026, Governor Kathy Hochul reported that her administration has reached a contract agreement with the Civil Service Employee Association (CSEA) for a five-year term running until April 1, 2031. The agreement is subject to ratification by union membership, which includes more than 55,000 New York State employees in a wide variety of roles.

CSEA President Mary E. Sullivan said, “We applaud Governor Hochul’s recognition of the hard work CSEA members provide to the state every day through this fair contract. This agreement delivers meaningful wage increases and helps address affordability challenges working people are facing.”

The agreement includes increases in salary for employees in each year of the agreement. 

The agreement also includes paid prenatal leave, increases in location pay and health insurance changes that reduce costs for employees by eliminating certain co-pays and minimizing reliance on out of network providers.

CSEA represents New York State employees in four collective bargaining units and the proposed contract agreement must be ratified by CSEA rank and file members.

 

Sister who cheated brother-in-law of her sister's New York State pension death benefits makes full restitution

In a press release issued on May 26, 2026, New York State Comptroller Thomas P. DiNapoli and Richmond County District Attorney Michael McMahon reported the arrest and sentencing of a Staten Island woman for the theft of her sister’s state pension death benefit. Lorna Gutierrez [Defendant] had fraudulently designated herself as her sister’s sole beneficiary while her sister was on her deathbed. When her sister died, Defendant received over $400,000 from the pension fund, which her sister had wished to be split between her husband and the defendant.

“Lorna Gutierrez tried to cut her brother-in-law out of his share of her sister’s death benefit just before she died,” DiNapoli said. “This callous action betrayed her sister’s wishes for both to have some financial stability at a time of personal loss. I thank D.A. McMahon for his partnership in protecting the state pension fund from attempts to defraud it and its members.”

“Manipulating her deceased sister's pension to personally enrich herself, this [Defendant's] conduct represented a serious breach of trust, undermined the decedent’s wishes, and caused both financial and emotional harm. From scammers and check-washers to identity thieves and gang members, those who commit financial crimes on Staten Island will be held accountable and I thank Economic Crimes Bureau Chief Gregg Brown for his diligent efforts to secure both restitution and justice in this case," McMahon said.

Gutierrez’s sister was a member of the New York State and Local Retirement system through her work as a nurse at the South Beach Psychiatric Center. She chose to leave her survivors a death benefit that amounted to $411,004 to be split amongst her parents, husband, and sister. At the time of her death, only her husband and Gutierrez were alive.

While her sister was in the hospital, approximately 11 days before her death Gutierrez used her sister’s credentials to create an online retirement account designating herself as the sole beneficiary. Gutierrez received the entire death benefit of $411,004, which she then invested.

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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, or by filing a complaint online at investigations@osc.ny.gov.

An individual must be temporarily assigned to perform the duties of an investigator while serving in his position to be so designated pursuant to Civil Service Law §58(4)

The New York State Legislature had enacted the necessary legislation providing that an individual who performs in an investigatory position in a manner sufficiently satisfactory to the appropriate supervisors and holds such an assignment for a period of eighteen months to be deem having "demonstrated fitness for the position of detective or investigator with the relevant police, correction or sheriffs department at least as sufficiently as could be ascertained by means of a competitive examination".

In the instant CPLR Article 78 proceeding Plaintiff had sought a review a determination of the Under-Sheriff of the County's Sheriff's Department in which he was employed denying his request to be designated an investigator in the County's Sheriff's Department pursuant to Civil Service Law §58(4). 

Plaintiff had been employed as a correction sergeant with the Sheriff's Department since 2017 and in November 2019, requested that he be designated an investigator pursuant to Civil Service Law §58(4). The Under-Sheriff denied Plaintiff's request and Plaintiff appealed. 

Supreme Court rejected Plaintiff's appeal, which decision the Appellate Division affirmed, holding that Supreme Court properly denied Plaintiff's petition and dismissed the proceeding. 

Citing Matter of Wood v Irving, 85 NY2d 238, the Appellate Division noted that Civil Service Law §58(4)(b)(ii) (former [c][ii]) provides, in relevant part, that "any person who has received permanent appointment to the position of ... correction officer of any rank ... and is temporarily assigned to perform the duties of detective or investigator shall, whenever such assignment ... exceeds eighteen months, be permanently designated as a detective or investigator".

The Appellate Division explained that Plaintiff was not entitled to be designated an investigator pursuant to Civil Service Law §58(4) because he had not temporarily assigned to perform the duties of an investigator while serving in his position as correction sergeant.

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