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The 2025 Upstate Power 100 - City & State New York
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Wishing all a healthy, and productive, 2026.
Autonomous Tech: Building Resilient Public Services Learn how state/local agencies can adopt autonomous technologies while preserving governance, equity, and trust. READ MORE
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The Port Authority of New York and New Jersey [Port Authority] appealed the decision of a Federal District Court holding in favor of one of its former employees [Petitioner]. The Petitioner had sued his former employer, the Port Authority, seeking to be indemnified for certain legal expenses he had incurred.
The federal district court had dismissed the Petitioner's complaint "for lack of subject matter jurisdiction" on the ground that Petitioner had failed to plead that the Port Authority had waived its "state sovereign immunity".
The Circuit of Appeals reverse the District Court's ruling, noting that the United States Supreme Court has held that the Port Authority does not have the sovereign immunity “that a State enjoys”, citing Hess v. Port Auth. Trans-Hudson Corp., 513 U.S. 30, 33 (1994).
Accordingly, explained the Circuit Court, Petitioner was not required to plead that the Port Authority had waived its immunity.
The Circuit Court vacate the judgment of the District Court and remand the matter to the District Court for further proceedings.
Judge Carney concurred in the Circuit Court's judgment in a separate opinion.
Click HERE to access the decision of the Circuit Court of Appeals, Second Circuit.
Registration for DOS Local Government Training program’s Winter Webinar series for Local Governing Boards, Planning Board, Zoning Boards of Appeals, Zoning Enforcement Officers, Planning Staff and other officials is now open!The webinars will be held on Monday evenings in December and January from 6-8pm on WebEx. We will conclude the series with a daytime training for planning and zoning board clerks and other municipal staff on Thursday, January 22 at 2pm. View the training schedule here Zoning Basics for Enforcement Officials and Board Members: 12/22/2025 6-8 PM (2 hours credit) Planning Board Overview: 1/5/2026 6-8 PM (2 hours credit) Zoning Board of Appeals Overview: 1/12/2026 6-8 PM (2 hours credit). Essentials for Planning and Zoning Board Staff: 1/22/2026 2-3:30 PM (1.5 hours credit) |
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The Division of Local Government Services
The Department of State’s Local Government Training staff teaches land use planning, regulation, local governance and procedure to local elected and appointed officials at regional and county workshops across the state.
The staff is also available to assist members of planning boards, zoning boards of appeals, local governing boards, and municipal staff with technical assistance, information, explanations, tips and examples of successful approaches to land use and other local regulation. Members of planning boards and zoning boards of appeals are required by state statute to obtain four hours of training a year. All on-site and online interactive training courses offered by local government training staff count toward this requirement. To discuss scheduling a training workshop or obtain other assistance, call the Local Government Training program at 518-473-3355 or email localgov@dos.ny.gov. |
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Editor in Chief Harvey Randall served as Director of Personnel, SUNY Central Administration, Director of Research , Governor's Office of Employee Relations and Principal Attorney, Counsel's Office, New York State Department of Civil Service.
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