ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

March 16, 2025

Legal victory in U.S. District Court

New York State's Attorney General Letitia James and other state attorney generals won a significant legal victory as a U.S. District Court ordered the Trump administration to reinstate thousands of probationary federal employees who were terminated. The ruling directs such reinstatement by March 17, 2025. More HERE.


March 15, 2025

Links to selected items focusing on governmental operations posted on the Internet during the week ending March 13, 2025

Two new posting on the Internet by Rochester, New York, attorney Nichole Black:  Top 5 Ways to Improve Client Service with Technology and The Legal Profession’s Shift to LinkedIn: What You Need to Know: Read more.

Too Many Public Health Data Systems Are Stuck in the Past Health departments across the country still rely on manual processes, like phone calls and fax machines, to get access to crucial data, a new study finds. READ MORE


States See Workforce Opportunity in Federal Layoffs  The public-sector workforce is plagued with vacancies. Some states are looking to recruit former federal workers who’ve recently lost their jobs. READ MORE

 

Future-Ready Networks for Government Agencies Modernizing IT infrastructure is no longer optional for government agencies--it's essential. As digital demands grow, outdated on-premises networks struggle to keep up, leading to inefficiencies, security vulnerabilities, and high costs. A cloud-managed solution tailored for federal, state, and local agencies ensures reliable, secure, and scalable network management. DOWNLOAD

 

Fighting AI with AI: How State and Local Governments Can Stop Fraud This thought leadership paper covers common misconceptions about AI in identity verification and the technology components agencies need to combat to prevent AI-driven fraud. Read more to learn how your agency can enhance its approach to identity verification. DOWNLOAD

 

The 2025 State of Online Payments Report In today's landscape, billing teams cannot achieve their organizational goals without a comprehensive digital transformation strategy. Whether the aim is to reduce costs, uncover time-saving efficiencies, or improve customer satisfaction, success depends on providing the digital payment experience billpayers expect. DOWNLOAD

 

Sexual Harassment Remains an Ongoing and Persistent Problem in State Govt. A report tallies 400 allegations of harassment against 145 lawmakers over the past decade, including 11 new allegations last year. Due to underreporting, the actual figure is probably three times as high. READ MORE

 

Overtime Spending Wipes Out Baltimore’s Budget Surplus The city had to reshuffle more than $50 million to address the unexpected shortfall, driven by overtime costs due to staffing shortages. The Fire Department alone needed an injection of $33 million to pay for unexpected overtime. READ MORE


Wireless Broadband: A Strategic Approach Drawing on the results of a recent Center for Digital Government survey of state and local leaders, this thought leadership paper covers compelling use cases for wireless broadband and provides tips for developing a 5G strategy for government. Read more to learn how you can propel your agency into the future with wireless 5G broadband! DOWNLOAD


Florida Lawmakers Weigh Using AI to Find Waste, Smooth Processes  

Members of the House of Representatives IT Budget and Policy Subcommittee questioned artificial intelligence’s impact on the state workforce and its open records policy, expressing concern it could replace staffers. READ MORE

 

Darwin Breaks Into Public-Sector AI With $5M Seed Round As public agencies craft policies for artificial intelligence, Darwin is selling tools that can help officials plan their AI deployments and keep them in compliance. The funding comes amid bans for China’s DeepSeek. READ MORE

 

With Artificial Intelligence, Transit Fare Gates Get Smarter Cubic has introduced gates for transit systems that are equipped with technology including artificial intelligence, to differentiate between a rider slipping through a gate without paying and a mother struggling with a stroller. READ MORE

 

Utah, NVIDIA Team Up for AI Upskilling in Education, Workforce  NVIDIA is lending teaching materials and upskilling opportunities in artificial intelligence to Utah's higher education students and state workers in a new partnership with colleges and universities across the state. READ MORE

 

Details Emerge on Coal-Fired, Electricity-Powered Data Centers After a state inquiry, NorthWestern Energy has offered more details on its plans for two proposed data centers near Butte, Mont. The endeavor, it said, will support capital investments and infrastructure improvements. READ MORE


Florida Lawmakers Weigh Using AI to Find Waste, Smooth Processes  Members of the House of Representatives IT Budget and Policy Subcommittee questioned artificial intelligence’s impact on the state workforce and its open records policy, expressing concern it could replace staffers. READ MORE

 


Darwin Breaks Into Public-Sector AI With $5M Seed Round As public agencies craft policies for artificial intelligence, Darwin is selling tools that can help officials plan their AI deployments and keep them in compliance. The funding comes amid bans for China’s DeepSeek. READ MORE



California, New York Affirm Commitment to Green Transportation

The Golden State continues to advance policies and fund programs to position itself as a leader in advancing clean transportation. New York incentivizes the shift to electric vehicles and their infrastructure. READ MORE

 


Connecticut Considers Body Scanning Tech for Prisons A proposed law would require the state Department of Correction to produce a report on what it would take to institute non-invasive body scanners in order to limit the use of strip searches. READ MORE



 


March 14, 2025

FEDERAL FUNDING UNCERTAINTY JEOPARDIZES IMPACT OF INFLATION REDUCTION ACT FOR NEW YORKERS

A new report by State Comptroller Thomas P. DiNapoli details New York’s financial impact from the 2022 Inflation Reduction Act (IRA), including close to $2 billion in funds for environmental and energy purposes that could help lower costs to consumers during New York’s transition to clean energy. DiNapoli warns there is now significant uncertainty about whether this funding will continue after a new executive order issued by President Trump.

“The possible policy changes in Washington could lead to delays or cuts to the remaining IRA funds and tax credits,” DiNapoli said. “Given the strong interest in improving affordability for consumers, small businesses, farmers, and nonprofits, preserving the IRA’s grant and tax credit programs should be a priority. If the programs are allowed to continue, New York could receive significant additional funding for critical environmental and clean energy projects.”

IRA Grants

Energy, clean air and conservation programs funded through the IRA provide over $142 billion through federal programs managed by several U.S. agencies. New York state agencies and authorities, municipalities, businesses and nonprofit organizations have been awarded nearly $2 billion in grants to date.

GRAPH

New York state agencies and authorities have been awarded grants totaling more than $1.3 billion from IRA programs for a range of specific greenhouse gas reducing activities and funds to support incentive programs; however, only a small amount of this funding has been received. Since the programs these grants support are currently financed almost exclusively through charges on the electric and gas bills of the state’s utility customers, these grants could offset a portion of these charges and help to make the clean energy transition more affordable for consumers.

New York municipalities have been awarded at least $365.8 million for a variety of projects to reduce greenhouse gas emissions and other pollution and build resilience to climate change. For example, New Rochelle, Buffalo, and New York City received a combined $236.4 million in commitments for projects to redress harm to communities from highway projects that physically split up neighborhoods and increased pollution from vehicles.  

New York nonprofit organizations have been awarded at least $125 million in IRA funds, including grants to assist communities in identifying sources of air pollution and engaging with regulators to address them and programs to address local climate change and pollution impacts.

The IRA has awarded at least $155 million in grants to farms and businesses in New York state. This includes funding through the U.S. Department of Agriculture’s Rural Energy for America Program, which supports renewable energy development and efficiency upgrades at farms and rural businesses.   

Tax Credits

There are over 20 new or modified clean energy and clean vehicle tax credits available through the IRA. IRA tax credits cover a variety of activities including manufacturing of advanced biofuels, purchase of clean vehicles, energy efficiency retrofits of homes and commercial buildings, advanced manufacturing investment and production, clean electricity production and investment, carbon capture and storage and other activities that will reduce emissions of pollutants that cause climate change and other air pollution problems. 

The Internal Revenue Service has published information on the number of tax filers who claimed just two of these credits, the IRA Residential Clean Energy (RCEC) and Energy Efficient Home Improvement (EEHI) tax credits, which incentivize purchases of residential clean energy equipment and residential energy efficiency improvements. Out of all states, New York ranked 28th in the share of tax filers claiming these credits, with 2.2% of filers claiming these credits. If these credits remain in effect through 2032 as currently scheduled, and the share of filers and average tax credit claimed by New York filers remains the same, state residents could benefit from at least $3.4 billion over the life of the program. Additional benefits would accrue over the last two years of the RCEC, which is currently in effect until 2034. Considering that these are just two of the tax credit programs available, the IRA tax credit programs have the potential to provide significant advantages to New Yorkers.

On Jan. 20, President Trump issued an executive order titled “Unleashing American Energy,” which under a section designated “Terminating the Green New Deal,” directs all agencies to pause payments for IRA grant funds. In addition, the repeal of IRA tax credits has been identified as a possible way to pay for reauthorization or expansion of provisions of the 2017 Tax Cuts and Jobs Act, bringing significant uncertainty regarding future funding.

Analysis

Economic Policy and Insights: Impact of the Inflation Reduction Act on New York


New York State Comptroller Thomas P. DiNapoli announced the following local government audits were issued on March 14, 2025


Municipal Audits 

Click on the text highlighted in COLOR to access the audit posted on the Internet.


Rensselaer County Capital Resource Corporation (RCCRC) – Establishment of RCCRC and Sale of Property

The RCCRC’s establishment met applicable requirements, and its sale of property aligned with its purpose. RCCRC officials adopted a mission statement, established required committees, submitted required reports and met other requirements. They also ensured that transactions aligned with the corporation’s purpose and were conducted in accordance with its bylaws and acquisition and disposition policies.


Village of Penn Yan – Procurement (Yates County)

Village officials did not ensure the chief water operator procured all goods and services in accordance with village policy. As a result, there is an increased risk that the village paid more than necessary for goods and services or made purchases that were not in the best interest of taxpayers. For example, of the 195 water treatment plant purchases totaling approximately $1.15 million that were reviewed, competition was not sought for 89 purchases totaling approximately $95,000. Six of the 10 sole source purchases totaling approximately $30,000 lacked documentation to support the goods and services procured were only available from legitimate “sole source” providers. Auditors also found that three water-tight and air-conditioned enclosure purchases were not in the best interest of taxpayers and resulted in $32,000 of unusable parts.


Town of Colonie – Physical Accessibility to Programs and Services (Albany County)

Of the 814 physical accessibility components reviewed, auditors identified 67 (8%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.


Town of Grand Island – Physical Accessibility to Programs and Services (Erie County)

Of the 657 physical accessibility components reviewed, auditors identified 103 (16%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.


Town of Brookhaven – Physical Accessibility to Programs and Services (Suffolk County)

Of the 1,022 physical accessibility components reviewed, auditors identified 66 (6%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.


City of North Tonawanda – Audit Follow-Up (Niagara County)

The follow-up assessed the City of North Tonawanda’s progress, as of August 2024, in implementing recommendations in the audit report City of North Tonawanda – Financial Condition (2020M-90), released in August 2020. The audit included 10 recommendations to help officials monitor and improve the city’s financial condition. The audit follow-up found that of the 10 audit recommendations, six were not implemented, three were partially implemented, and one was not applicable.


City of Rome – Physical Accessibility to Programs and Services (Oneida County)

Of the 463 physical accessibility components reviewed, auditors identified 79 (17%) where city officials could consider taking additional steps to increase physical accessibility at selected city facilities.


Town of Tonawanda – Physical Accessibility to Programs and Services (Erie County)

Of the 865 physical accessibility components reviewed, auditors identified 132 (15%) where town officials could consider taking additional steps to increase physical accessibility at selected town facilities.


Appellate Division reverses Workers' Compensation Board's denial of benefits sought by participant in the World Trade Center rescue, recovery and cleanup operations

Claimant for Workers' Compensation Benefits served as a crisis response services provider to provide services to first responders to the September 11, 2001 terrorist attacks on the World Trade Center [WTC]. Claimant was paid for her services during that time and mainly worked at a command center set up by her employer at a hotel near the WTC site. After her paid assignment ended, Claimant returned and worked as a volunteer at the WTC site for two 10 day periods.

In 2018, Claimant filed a claim for workers' compensation benefits for injuries sustained due to exposure to toxins at the WTC site. A Workers' Compensation Law Judge [WCLJ] determined that Claimant was a volunteer during her 2001 engagements and, among other things, Claimant's activities were covered by Workers' Compensation Law Article 8-A and established the claim for sarcoidosis. 

The Workers' Compensation Board reversed the WCLJ's finding, concluding, among other things, that claimant's activities were not covered by Workers' Compensation Law Article 8-A because she was not a participant in the WTC rescue, recovery and cleanup operations and disallowed the claim and subsequently the Board denied Claimant's application for reconsideration and, or, "full Board review". Claimant appealed the Board's determinations.

The Appellate Division observed that [1] the "Workers' Compensation Law Article 8-A was enacted to remove statutory obstacles to timely claims filing and notice for latent conditions resulting from hazardous exposure for those who worked in rescue, recovery or cleanup operations following the WTC September 11th, 2001 attack; [2]  that this legislation was intended to be liberally construed to provide a potential avenue of relief for workers and volunteers suffering ill health as a result of their efforts in the aftermath of the terrorists' attacks; and that [3] the Board has required that the injured claimant directly participate in or otherwise have some tangible connection to the rescue, recovery or cleanup operations in order to fall within the coverage of Workers' Compensation Law Article 8-A, said that in order for the Board to deny a claimant's application for benefits, "the Board's underlying factual basis must be supported by substantial evidence." 

Claimant had testified that, during her October 2001 and December 2001 assignments, she was assigned to the NYPD's command center for the rescue, recovery and cleanup operations. Considering Claimant's "connection to the rescue, recovery and cleanup operations, and given the liberal construction afforded the remedial statute,"the Appellate Division concluded that "The Board's determination that [Claimant] did not participate in the rescue, recovery and cleanup operations under Workers' Compensation Law Article 8-A is not supported by substantial evidence. 

Accordingly the Court reverse the Board's decisions and remit the matter to the Board for further proceedings.

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






CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the information and, or, decisions summarized in NYPPL. For example, New York State Department of Civil Service's Advisory Memorandum 24-08 reflects changes required as the result of certain amendments to §72 of the New York State Civil Service Law to take effect January 1, 2025 [See Chapter 306 of the Laws of 2024]. Advisory Memorandum 24-08 in PDF format is posted on the Internet at https://www.cs.ny.gov/ssd/pdf/AM24-08Combined.pdf. Accordingly, the information and case summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Publisher Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard [See also https://www.linkedin.com/in/harvey-randall-9130a5178/]. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com