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

Jun 20, 2026

Selected Internet blog posts for the week ending June 19, 2026

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  

Capital Planning in the Public Sector: Constraints, Community and Countermeasures This guide examines how state and local governments approach capital planning when budgets are constrained and infrastructure needs continue to grow. DOWNLOAD 

Making AI Work for Government Too much of AI's potential is scattered among narrow tools. A better and more sustainable approach builds AI into workflows and applications across a technology stack -- putting AI wherever people need it. This paper explains the "four pillars" approach to civic automation and why it results in more effective and responsible solutions for government.  DOWNLOAD

4 Essential Steps for Building Scalable Transportation Infrastructure Transportation agencies must meet rising data demands, strengthen cyber resilience and prepare for AI—all with aging infrastructure and constrained budgets. This paper outlines four practical steps to build a scalable foundation, from standardizing infrastructure and unifying data to stabilizing costs and enabling advanced analytics. DOWNLOAD

What it Takes to Build Resilient Government Websites This paper shows state and local governments how to build more resilient websites with modern WebOps, clear governance, stronger content practices and a focus on accessibility—so critical information stays secure, accurate and available when residents need it. DOWNLOAD

Think Like a Fraudster, Adapt Like an Expert Identity fraud is a growing threat to government services. This handbook explains major fraud types, core principles of identity verification and the fraudster mindset, giving leaders practical guidance to prevent fraud and stay ahead of evolving tactics.   DOWNLOAD

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

Building the Foundation for AI Growth As AI adoption grows across government, many agencies are discovering that existing IT infrastructure was not designed to support the power, capacity, and performance demands of AI workloads. This paper explores best practices for building infrastructure that can support AI at scale. DOWNLOAD



Jun 18, 2026

Application submitted to New York State's Commissioner of Education seeking to reopen an appeal earlier decided by the Commissioner rejected

Petitioner sought to have the New York State Commissioner of Education reopen Decision Commissioner No. 18,682, which dismissed Petitioner's appeal from a determination of a Board of Education involving the Petitioner's application seeking an appointment to a position with the school district. Commissioner Betty A. Rosa ruled that Petitioner's application must be denied.

Pointing out §276.8 of the Commissioner’s regulations governs reopening a prior decision of the Commissioner and provides that applications to reopen are addressed solely by the Commissioner and are reopened at the discretion of the Commissioner, Dr. Rosa explained that an application to reopen a Decision of the Commissioner require a showing that:

(1) The original decision was rendered under a misapprehension as to the facts; and, or 

(2) There is new and material evidence that was not available at the time the original decision was made.

In addition, Commissioner Rosa said that an application to reopen may not:

1. Advance previously undeveloped factual assertions and arguments; 

2. Advance new legal arguments, or 

3. Merely seek to reargue issues presented in the prior appeal.

Explaining that Petitioner had not met the standard for reopening the appeal as the underlying appeal was dismissed as premature since, "at the time it was commenced  [Petitioner] remained an eligible candidate for an open position" with school district nor has Petitioner presented evidence that this conclusion rested upon a “misapprehension of fact” nor produced “new and material evidence” that would support a different outcome.

Dr. Rosa opined that it appears that Petitioner seeks to challenge school district's  subsequent selection of a different candidate for the appointment to the position in question.  Any challenge to this “discrete act,” however, “would have to be the subject of a new appeal under Education Law §310”.

Accordingly, the Commissioner concluded that Petitioner had not established grounds to reopen the appeal in accordance with the standard set forth in 8 NYCRR 276.8.

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


Jun 17, 2026

New York State's Department of Labor reports its proposed Repealing Outdated and Obsolete Regulations in the New York State Register dated June 17, 2026

The New York State Department of Labor has proposed repealing its rules listed below,  which it describes as being "Outdated and Obsolete Regulations": 

I.D. No. LAB-24-26-00009-P 
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule: 

Proposed Action: This is a consensus rule making to repeal Parts 12, 36, 38, 50, 82, 175, 176, 185, 187, ch. II, subchapter A, ch. IV, subchapter C, ch. IX, subchapter B, chs. XIII and XIV; amend ch. IX of Title 12 NYCRR. Statutory authority: Labor Law, section 21(11) Subject: EXPRESS NY - Repealing outdated and obsolete regulations. 

Purpose: This rulemaking would repeal outdated and obsolete regulations, thereby streamlining compliance for regulated parties.

Text of proposed rule: 

Parts 12, 36, 38, and 50 of Subchapter A of Chapter I of Title 12 of the New York Codes, Rules and Regulations (NYCRR) are repealed. 

Part 82 of Subchapter C of Chapter I of Title 12 of the NYCRR is repealed. 

Subchapter A of Chapter II of Title 12 of the NYCRR is repealed. 

Parts 175 and 176 of Subchapter D of Chapter II of Title 12 of the NYCRR are repealed. 

Parts 185 and 187 of Subchapter E of Chapter II of Title 12 of the NYCRR are repealed. 

Subchapter C of Chapter IV of Title 12 of the NYCRR is repealed. 

Subchapter B of Chapter IX of Title 12 of the NYCRR is repealed. 

Chapter XIII of Title 12 of the NYCRR is repealed. 

Chapter XIV of Title 12 of the NYCRR is repealed. 

Chapter IX of Title 12 of the NYCRR is amended to read as follows: 

Chapter IX. [Manpower Services Division] Apprenticeship and Training  

Text of proposed rule and any required statements and analyses may be obtained from: Andrew Schutts, Department of Labor, 1200 Washington Ave., Building 12, Suite 509, (518) 485-2191, email: regulations@labor.ny.gov 

Data, views or arguments may be submitted to: Same as above. 

Public comment will be received until: 60 days after publication of this notice. 

This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register. 

Consensus Rule Making Determination 

The Department of Labor has determined that no person is likely to object to this rulemaking. The basis for this determination is that this rulemaking repeals regulations that are obsolete and that the Department of Labor does not and cannot use. This means that the only effect of this rulemaking would be to reorganize the Department of Labor’s regulations, which would benefit regulated parties, the public, and the Department of Labor. 

Job Impact Statement A Job Impact Statement is not required because the Department of Labor has determined that this rulemaking would not have a substantial adverse impact on jobs and employment opportunities. 

This rulemaking repeals outdated and obsolete regulations that the Department of Labor does not and cannot use. Because the Department of Labor does not and cannot use the regulations being repealed, this rulemaking would have no adverse impact on jobs and employment opportunities.


Police Department declined to give a retiring police office his badge and, or, "a good guy letter" affirming his right to carry a firearm upon his retirement

A New York State Supreme Court Judge denied Plaintiff's CPLR Article 78 petition seeking a court order annulling a New York City Police Department [NYPD] decision not to issue Plaintiff, a NYPD retiring police officer, his badge and, or, a "good guy letter" affirming his right to carry a firearm upon his retirement from NYPD. The Court, however, granted NYPD's cross-motion to dismiss the Plaintiff's petition as untimely and dismissed the Article 78 proceeding. 

Plaintiff appealed the Supreme Court's ruling, but the Appellate Division unanimously affirmed the Supreme Court's decision. Plaintiff subsequently applied for a retiree handgun license, which NYPD denied because Plaintiff did not have a "good guy letter". 

Citing Matter of Baloy v Kelly, 92 AD3d 521 and other New York State court decisions, the Appellate Division noted that NYPD's written denial of Plaintiff's application was a "final and binding" determination and the four-month statute of limitations began to run, at the latest, upon Plaintiff's receipt of the denial. In addition, the Appellate Division's decision notes that the possibility of Plaintiff obtaining administrative relief had been exhausted when Plaintiff retired "without a change in his [modified] duty status".

The Appellate Division then pointed out that although Plaintiff had sent NYPD a written request for reconsideration of NYPD's determination, to NYPD which had not respond, that communication did not extend the statute of limitations nor did the letter "give rise to a proceeding for mandamus to compel NYPD 'to perform its duty'" (see CPLR 217 [1]). 

Noting that Plaintiff did not assert any clear legal right to a good guy letter, which NYPD declined to issue in its exercise of its discretion, the Appellate Division held Petitioner "cannot circumvent the statute of limitations by demanding that [NYPD] change its determination and seeking mandamus to compel [it so do] when that demand is refused".

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


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.
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