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

May 30, 2026

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


May 29, 2026

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.



May 28, 2026

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.


May 27, 2026

Audits of various New York State municipal entities posted on the Internet by New York State's Comptroller Thomas P. DiNapoli

On May 26, 2026, New York State Comptroller DiNapoli announced the following City, Town, Village and Fire District, Fire Department and Fire Company audits had been issued.

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

Nota Bene. Later this same date, May 26, 2026, Comptroller DiNapoli announced additional audits were posted on the Internet and these audits have been appended hereto, adding to NYPPL's original posting.

City of Buffalo – Budget Review (Erie County) Auditors completed a review of the city’s proposed 2026-27 budget and determined the general fund will have a projected budget deficit of approximately $103 million. City officials have historically adopted budgets that relied on nonrecurring revenues to fund operations and underestimated expenditures. Therefore, city officials relied on and depleted fund balance to finance budget deficits. As a result, the city no longer has surplus fund balance available to help balance the proposed budget.

Kerhonkson Fire District – Board Oversight (Ulster County) The board did not provide adequate oversight of the district’s financial activities and was not transparent. The district’s required annual financial report (AFR) was last filed in 2007, more than 18 years ago. In addition, the board’s inadequate review of claims led to claims potentially being paid without sufficient budgetary appropriations available.

Midway Fire Department – Disbursements (Albany County) The board did not ensure disbursements had adequate supporting documentation, were for appropriate purposes and were properly approved by the trustees. Officials also were not aware of the proper use of Foreign Fire Insurance tax proceeds and made unauthorized disbursements using those funds.

North Brookfield Fire District – Board Oversight (Madison County) The board did not adequately oversee the district’s financial operations. The board did not require the secretary-treasurer to maintain appropriate accounting records, prepare bank reconciliations, provide adequate monthly financial reports or file AFRs with DiNapoli’s office, as required by state law. As a result, the board had insufficient information to properly oversee the district’s financial operations and make informed financial decisions. Because the board did not provide sufficient oversight of the secretary-treasurer’s duties, there was also an increased risk that funds could be misappropriated.

Schodack Landing Fire District No. 1 – Claims Auditing (Rensselaer County) Auditors reviewed 60 claims totaling $163,940 approved by the board. Except for minor issues auditors discussed with district officials, the claims were mathematically correct, supported and for valid district purposes. There were no recommendations as a result of this audit.Taberg Volunteer Fire Company Inc. – Financial Activities (Oneida 

County) The board and treasurers did not ensure financial activities were properly recorded and reported and that funds were safeguarded. Because the treasurers did not maintain adequate financial records and written financial reports, the board and membership lacked the information to effectively oversee the company’s financial activities. In addition, weaknesses in recordkeeping and controls over cash collections and disbursements prevented the board from ensuring that all collections were deposited and that payments were made only for valid company purposes.

Town of Catharine – Transparency of Fiscal Activities (Schuyler County) The board did not conduct an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not file the 2024 AFR with DiNapoli’s office, as required by state law. The supervisor also did not provide the board with complete monthly financial reports.

Town of Fremont – Transparency of Fiscal Activities (Sullivan County) The board did not conduct an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not prepare and file AFRs with DiNapoli’s office for the last eight fiscal years, as required by state law. The supervisor did not provide the board with complete, accurate and reliable monthly financial reports.

Town of Greenville Transparency of Fiscal Activities (Greene County) The board did not conduct an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not file the 2024 annual AFR with DiNapoli’s office, as required by state law. The supervisor also did not provide the board with complete, accurate and reliable monthly financial reports.

Town of New Hudson – Transparency of Fiscal Activities (Allegany County) The board did not conduct an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not prepare and file the 2020 through 2022, and 2024 AFRs with DiNapoli’s office, as required by state law. The supervisor filed the AFR for fiscal year ending Dec. 31, 2023, on Aug. 28, 2025 – 544 days after the due date. Furthermore, the supervisor provided the board with incomplete monthly financial reports.

Town of Pamelia – Transparency of Fiscal Activities (Jefferson County) The board did not conduct an annual audit of the supervisor’s financial records and reports for fiscal year 2024 in accordance with state law. In addition, the supervisor did not prepare and file the 2022 through 2024 AFRs with DiNapoli’s office, as required by state law. The supervisor did not provide the board with complete monthly financial reports.

Town of Spencer – Procurement (Tioga County) The board and town officials did not always seek competition for purchases. One board member had a prohibited conflict of interest that arose from his paving company providing services to the town totaling approximately $12,911 during the audit period. Because officials did not always solicit competition for goods and services or avoid conflicts of interest, they cannot guarantee that they secured the most favorable terms and conditions.

Village of Churchville – Electric Utility Services Billing and Collections (Monroe County) The board did not provide adequate oversight of electric utility services billing and collections. The board did not request financial or electric utility services use, billing or collection reports or reconciliations to monitor operations. The board also did not review and approve use and billing adjustments or develop and adopt billing and collection policies to provide guidance to officials and employees. As a result, officials and employees developed informal procedures that did not adequately segregate duties or include periodic reviews and reconciliations and significantly impacted the timely identification and correction of billing errors.

Village of Fredonia – Financial Condition (Chautauqua County) Auditors found that trustees did not fully understand the village’s financial condition and relied heavily on the treasurer for guidance. The board did not take appropriate actions to maintain the village’s fiscal stability, such as adopting structurally balanced budgets and written multiyear capital and financial plans and ensuring that the treasurer filed annual statements and AFRs when required. As a result, the village’s financial condition deteriorated over a six-year period from the 2019-20 through 2024-25 fiscal years.

Village of Rhinebeck – Claims Auditing (Dutchess County) The board did not properly audit all claims before payment. Without a thorough review of all claims to be paid, errors and irregularities may continue to occur and remain undetected and uncorrected, unsupported payments could continue to be made, and improper or unnecessary payments may not be detected and corrected. Without evidence of competition attached to claims, taxpayers have less assurance that purchases were made in the most prudent and economical manner.

N.B. Later this same date, May 26, 2026, the Comptroller announced the audits described below were also posted on the Internet.

New York City Department of Social Services – New York City Department of Homeless Services: Oversight of Contract Expenditures of Samaritan Daytop Village, Inc. (Follow-Up) (2025-F-23) The New York City Department of Homeless Services (DHS), an administrative unit of the New York City Department of Social Services, is responsible for providing transitional housing and services for eligible homeless families and individuals in New York City and for providing fiscal oversight of the homeless shelters. In July 2013, DHS contracted with Samaritan Daytop Village, Inc. (Samaritan), a city-based not-for-profit organization, to provide temporary housing, case management, housing referrals, placement services, and on-site medical and mental health services for men with mental illness at its 160-bed Myrtle Avenue Men’s Shelter for the period from August 2013 to June 2018. DHS is responsible for monitoring its contract with Samaritan to ensure reported costs are allowable, supported, and program related. A prior audit, issued in February 2024, found DHS was not effectively monitoring its contract with Samaritan and identified $566,556 of all reported costs that did not comply with requirements. DHS officials made some progress in addressing the issues identified in the initial audit report, partially implementing five recommendations and not implementing one.

New York City Department of Small Business Services: Facilitated Programs to Assist Small Businesses (2022-N-4) The New York City Department of Small Business Services (SBS) contracts with outside entities known as Industrial Business Service Providers and Business Solutions Centers to support programs that assist businesses with identifying the best available financial products, working with lenders to package loans, collecting financial documents and completing forms, submitting final loan applications to lenders, following up to ensure disbursement of funds, providing post-financing advisement, and training. The 76 businesses reviewed obtained facilitated loans of $97,363,816; however, SBS does not collect data on the beneficial effects of this financing, such as the creation of new jobs or strengthening of the businesses’ operations. Additionally, SBS does not verify program performance in terms of the number and amount of the facilitated loans. Instead, the program results are self-reported by the vendors.

Department of Health: Maternal Health (Follow-Up) (2025-F-26) Maternal mortality refers to deaths of pregnant persons during pregnancy or within a year of the end of pregnancy. Severe maternal morbidity is defined as unexpected outcomes of pregnancy, labor, or delivery that result in short- or long-term consequences to a person’s health. To address alarming rates of maternal mortality and morbidity, as well as racial disparities in these rates, New York established the Taskforce on Maternal Mortality and Disparate Racial Outcomes in April 2018, and it produced 10 recommendations. The recommendations required a collaboration between public and private entities, with DOH being a main player in the majority of the recommendations. A prior audit, issued in July 2024, found that while DOH had made progress in addressing the recommendations to improve maternal health, data showed that maternal mortality and morbidity rates in New York State had not decreased since the Taskforce was established in 2018, and the maternal mortality rate had actually increased, along with increasing racial disparities statistics. DOH officials made significant progress in addressing the issues identified in the initial audit report, implementing the report’s one recommendation.

New York City Public Schools: Privacy and Security of Student Data (2023-N-6) New York City Public Schools (NYCPS) uses Automate the Schools as its main student information system, which standardizes and automates the collecting and reporting of student data. NYCPS maintains and uses students’ personally identifiable information for a variety of educational purposes and is responsible for safeguarding student data and ensuring the confidentiality, integrity, and availability of its information systems. Auditors found gaps in and misalignments of policies relating to data privacy and security, data classification, risk assessment, and backup and recovery. Additionally, NYCPS does not always report breaches or notify affected parties within the required time frames or maintain a comprehensive list of all applications used by each school that would help it better understand its environment, the type of information being stored, and the risks associated with the data.

New York City Department of Housing Preservation and Development and New York City Housing Development Corporation: Housing for Seniors (Follow-Up) (2025-F-19) The New York City (NYC) Department of Housing Preservation and Development (HPD) and NYC Housing Development Corporation (HDC) work together to administer several programs to assist in the development and rehabilitation of housing for senior citizens, including the Senior Affordable Rental Apartments Program (SARA Program), federal Section 202 Supportive Housing for the Elderly Program (Section 202 Program), and HPD’s Senior Citizen Homeowner Assistance Program (SCHAP). A prior audit, issued in July 2023, reviewed a sample of four developments assisted through the SARA Program—HANAC Corona Senior Residence in Queens, Serviam Heights LLC in the Bronx, Victory Plaza in Manhattan, and Woodlawn Senior Living in the Bronx—and one development assisted through the Section 202 Program, Bensonhurst Housing for the Elderly in Brooklyn. Despite the scarcity of affordable housing for seniors, the audit found several instances where senior housing units were left vacant for long periods of time, senior housing units were not always awarded to the correct applicants, and SCHAP requirements were not met. HPD and HDC officials made some progress in addressing the problems identified in the initial audit report. Of the initial report’s six audit recommendations, three (addressed to HDC) were implemented, two (addressed to HPD) were partially implemented, and one (also addressed to HPD) was not implemented.

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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.

CAUTION

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