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February 10, 2020

New York State Comptroller releases audits of various public entities

On February 10, 2020, New York State Comptroller Thomas P. DiNapoli issued the following audits.


Click on the text in blue to access the full report.


Auditors found an estimated $13 million has not been billed or collected from commercial casinos for oversight costs. The commission also did not have policies regarding dispute resolution procedures when a casino disagrees with oversight cost charges, leaving the commission unprepared to address disputes that may arise.

OGS has made progress in reducing leased warehouse space, having evaluated 29 leased warehouses, resulting in: the consolidation of 14, liquidation of nine, square footage reduction for three, and no changes in the remaining three. The initiative realized cost savings of $1,699,020 during the audit scope and a reduction of 434,266 square feet. However, auditors could not determine the initiative’s overall success, as an inventory of all state warehouses – leased and state owned – did not exist.

Under the Public Authorities Law, the MTA is required to issue an annual report on its mission statement, measurements, and performance indicators. One of the goals the MTA cites in its annual report is to provide on-time and reliable service to customers. Auditors found Transit’s new customer-focused measures do not appear to meet the plan’s goals. For a metric to be relevant, it should be closely connected to the goals, easily understood, and straightforward.

For two key performance measures – mean distance between failures and ridership – auditors identified deficiencies and inconsistencies in MTA’s methodology and calculations that may result in misleading or inaccurate results. 

An audit issued in June 2017, found that the Staten Island Railroad (SIR) documented its inspections of facilities where safety-related incidents occurred and the actions taken to remediate conditions that might have contributed to such incidents. However, in certain instances, responses to safety-related incidents were not documented. In a follow-up, auditors found that SIR officials made progress in addressing the problems identified in the initial audit.


An audit issued in July 2017 found that DOF's Property Division did not conduct necessary inspections for over half of the parcels reviewed and assessors frequently did not document the basis for assessment changes. In a follow-up, auditors found that DOF made progress in addressing the problems identified in the initial report. 


An audit issued in July 2018 found that, while Health and Hospitals generally complied with its policies for the screening of its direct hire and temporary nurses, it had not taken action to ensure that direct hire nurses who began before 2002 or any of its temporary nurses were fingerprinted. Auditors also identified numerous instances of deficient screening and monitoring. In a follow-up, auditors found that of the four recommendations from the initial report, two had been implemented and two had been partially implemented.

For the period Jan. 1, 2016 through Dec. 31, 2016, auditors determined 42 claims (47 percent of the 90 claims sampled) totaling $28,731 were unsupported for the higher level of care billed. United’s method for monitoring out-of-network providers who billed for higher-level services needed improvements. In a follow-up, auditors found United made progress in addressing the problems identified in the initial audit. In particular, United saved the Empire Plan $862,334 through reviews of claims from three of nine providers identified in the initial audit.

The Research Foundation has taken steps to protect SUNY’s interest in the transfer of technology and royalties for projects developed at SUNY schools. The Research Foundation has not developed routine monitoring mechanisms to determine whether a licensee is paying the full royalty owed. Since 1992, Downstate Health Sciences University has accumulated $1,019,390 in campus royalty revenue, none of which has been used to support SUNY research programs.

St. Anne is an SED-approved, not-for-profit private school located in Albany that provides preschool special education services to children with developmental disabilities. Auditor identified $14,204 in in ineligible costs that St. Anne reported for state reimbursement.

Located in Jamestown, CES is a for-profit special education provider that services children with disabilities between three and four years of age. Auditors identified $2,509 in other than personal service costs reported by CES on its for the fiscal year ended June 30, 2015 that were ineligible for reimbursement.


MIM is a for-profit special education provider located in Newburgh. MIM provides preschool special education services to children with disabilities between three and four years of age. Auditors identified $27,970 in costs reported by MIM that were ineligible for reimbursement.

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NYPPL Blogger 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. 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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