ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Apr 28, 2026

A writ of prohibition is available to challenge an official or an agency proceeding, or when it is about to proceed, beyond its alleged lawful jurisdiction

An employee [Employee] filed a complaint with the New York State Division of Human Rights [DHR] alleging that a member [Respondent] of the New York State Assembly discriminated against her on the basis of gender and sexually harassed her during her employment. 

DHR found probable cause to proceed to investigate Employee's complaint and then amended the Employee's discrimination complaint by adding the New York State Assembly [NYSA] as a Respondent in the DHR in its investigation of the complaint submitted by Employee.

NYSA, contending that DHR did not give NYSA "constitutional due process notice of the charges against it because there are no specific allegations of wrongdoing on its part", initiated the instant CPLR Article 78 proceeding seeking a Writ of Prohibition* barring DHR from proceeding with the Employee's discrimination claim to the extent it named the NYSA in the DHR proceeding as a RespondentSupreme Court denied NYSA's application for the Writ of Prohibition and NYSA appealed. 

Citing Matter of Town of Huntington v New York State Div. of Human Rights, 82 NY2d 783, and other New York State court decisions, the Appellate Division affirmed the Supreme Court's ruling, explaining that "The extraordinary writ of prohibition is available to address 'whether [a] body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction' ".

The Appellate Division also opined that "Prohibition will not lie where the party has access to another adequate legal remedy" and that "[E]rrors of law, which of course may be verbalized, but incorrectly, as excesses of jurisdiction or power, are not to be confused with a proper basis for using the extraordinary writ", quoting the Court of Appeals' decision in Matter of State of New York v King, 36 NY2d 59.

Addressing NYSA's argument that DHR acted in excess of its jurisdiction and thus NYSA was not required to exhaust its administrative remedies, the Appellate Division said it rejected that contention because the "[remedy] for asserted error of law in the exercise of [DHR's] jurisdiction or authority lies first in administrative review and following exhaustion of that remedy in subsequent judicial review pursuant to section 298 of the Executive Law", concluded that NYSA "will suffer no irreparable harm . . . by waiting to challenge [DHR's] findings, if necessary, on the merits after [DHR] investigates [the Employee's] complaint".

* A writ of prohibition is one of number of the ancient “common law” writs and is typically issued by a higher tribunal to a lower tribunal to "prohibit" the adjudication of a matter then pending before the lower tribunal on the ground that the lower tribunal "lacked jurisdiction."  Other ancients writs include a writ of mandamus, granted by a court to compel an official to perform "acts that officials are duty-bound to perform;" the writ of injunction, a judicial order preventing a public official from performing an act; the writ of "certiorari," compelling a lower court to send its record of a case to the higher tribunal for review by the higher tribunal; and the writ of “quo warranto” [by what authority do you act]. New York State's Civil Practice Law and Rules [C{LR] set out the modern equivalents of such surviving ancient writs.

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

Apr 27, 2026

Employee served with disciplinary charges after failing to comply with supervisor's directives

New York City Office of Administrative Trials and Hearings [OATH] Administrative Law Judge [ALJ] Kevin F. Casey recommended a 24-day suspension without pay after finding that a housekeeping aide employed by the NYC Health and Hospitals Corporation disobeyed orders to remove his gloves on two occasions and failed to wear his uniform shirt on four occasions

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

New York State's Workers’ Comp 202 – Best Practices to Access Benefits for Workers

The New York State Office of the Advocate for Injured Workers continues its webinar series for workers and their advocates, and there is still time to register!

Workers’ Comp 202 is a deeper dive into best practices workers can use to access their workers’ compensation benefits. This presentation will cover:

  • understanding labor market attachment,
  • details on benefit periods and how benefit rates are calculated,
  • the importance of items such as the degree of disability and the Carrier Continue Payments (CCP) order,
  • how advocates can help workers and comply with privacy provisions,
  • The Board’s New York Medical Treatment Guidelines, and more!

The sessions are free and there will be time for questions.

Register here

Wednesday, April 29, 2026
12:00 p.m. – 1:30 p.m.

Wednesday, May 27, 2026
12:00 p.m. – 1:30 p.m.

Wednesday, June 24, 2026
12:00 p.m. – 1:30 p.m.

For more information visit the Advocate for Injured Workers section of the New York State Workers Compensation Board’s website for additional resources or call the Advocate for Injured Workers at (877) 632-4996 or email advinjwkr@wcb.ny.gov.


Having difficulties registering? 

If you are having trouble registering for or attending any of these webinars, check out these Webinar FAQs.

 

Selected Webinars scheduled for the week ending May 1, 2026

MONDAY, APRIL 27 | 10:00 AM PT, 1:00 PM ETHigh-Impact AI: Powering Public Innovation with Advanced Workstations Learn how edge AI and high-performance workstations help public agencies process data faster, reduce latency and drive innovation. REGISTER

TUESDAY, APRIL 28 | 11:00 AM PT, 2:00 PM ET Modernizing Critical Physical Infrastructure for Today's Public-Sector Demands Learn how to identify risks in aging power, rack and cooling systems and modernize physical infrastructure to improve resiliency, support cybersecurity and enable reliable service delivery. REGISTER

WEDNESDAY, APRIL 29 | 11:00 AM PT, 2:00 PM ETAI Readiness for Public Capital Programs Join this webinar to learn how to evaluate AI, ask the right vendor questions, and protect funding, data, and accountability from the start. REGISTER

THURSDAY, APRIL 30 | 10:00 AM PT, 1:00 PM ET Protecting Public Innovation: Security for Advanced Computing Workflows Explore strategies to secure high-performance computing environments while enabling innovative solutions. REGISTER



Apr 25, 2026

Selected items from Blogs posted during the week ending April 24, 2026

Webinar: AI Relief, Not Revolution Explore why AI adoption stalls and how to create a more coordinated approach. Save Your Seat


City & State published an op-ed by New York State Comptroller Thomas P. DiNapoli Items addressed: layoffs, entry level jobs and long-term business growth. Download


The 2026 Cyber Threat Trends Report Cyber incidents aren't slowing down; they're getting faster, more coordinated, and harder to detect. Drawing on over 500,000 hours of real-world investigations, this report breaks down how attackers are getting in, what they target first, and why recovery is becoming the real battleground. DOWNLOAD


Planning What’s Next for PeopleSoft Explore how organizations are evolving PeopleSoft to meet growing security and compliance demands in Atlanta on April 29. Join the Conversation 


Your voice shapes the future of public finance Take a few minutes to help us capture what government finance teams are really facing in 2026. Share Your Perspective 


What are finance teams across government dealing with? Weigh in on the challenges and priorities defining public sector finance this year. Take the Survey 


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


The 2026 Cyber Threat Trends Report Cyber incidents aren't slowing down; they're getting faster, more coordinated, and harder to detect. Drawing on over 500,000 hours of real-world investigations, this report breaks down how attackers are getting in, what they target first, and why recovery is becoming the real battleground. DOWNLOAD


Integrating AI, Security and Advanced Network Tech in Government This guide explores how next-generation networking, AI-powered operations and modern security frameworks work together to create a more resilient, scalable foundation for government. DOWNLOAD


Benchmarking AI and Digital Performance Across Government Explore the data, benchmarks, and trends shaping modern public service delivery and what they mean for your agency. Download the Report.


AI-Powered Agencies are delivering 2.5x Higher Engagement Gain insights for improving service delivery and trust with digital benchmarks from thousands of governments. Get the Benchmarks.


Safer, Smarter AI Adoption Starts Here Help your team build shared AI fluency without adding complexity or risk. Get Details


AI in Government: What's Delivering Value; How Agencies Can Get Started Watch this webinar to hear real-world examples of how public-sector teams are applying agentic AI to streamline workflows, establish clear governance, and scale with accountability. WATCH NOW


Collaboration Tools that Protect the Public Conversation Explore how secure, integrated collaboration tools help communities respond faster to public safety incidents.  WATCH NOW


Creating the Modern Government Workplace Learn how to design modern government workplaces, from meeting space planning to collaboration tools and IT support. WATCH NOW


Flexible Tech Strategies for Uncertain Terrain Get fresh insights and actionable advice into the shifting government landscape and making the most of your technology investments. WATCH NOW


Building Resilient Government Services for Rural Communities Learn how rural agencies are scaling services, reducing risk, and improving access with automation, data sharing, and cross-agency collaboration. WATCH NOW


Moving Beyond Training: Needed, a Unified Approach Cyber Risk Explore how a unified cybersecurity approach helps agencies understand where risk is building and respond sooner. WATCH NOW 


Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, New York Guard. 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.

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.
New York Public Personnel Law. Email: publications@nycap.rr.com