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

Apr 13, 2026

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

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

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.


Apr 11, 2026

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

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

Apr 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

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.


Apr 9, 2026

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

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 Technologyreleased 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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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.

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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.
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