Claimant's refusal to comply with the New York City Commissioner of Health and Mental Hygiene's COVID-19 vaccination mandate determined to be for personal and secular reasons

The New York City Commissioner of Health and Mental Hygiene had mandated that all New York City employees, with exceptions not relevant in the instant action, obtain a COVID-19 vaccination. Claimant, an emergency medical technician for the New York City Fire Department [NYFD], sought a religious exemption from the mandate. NYFD denied Claimant's application and after Claimant failed to provide proof of vaccination, NYFD terminated his employment.

Claimant's subsequent application for unemployment insurance benefits was denied by the New York City Department of Labor, which decision was affirmed after a hearing by an Administrative Law Judge [ALJ]. 

After a series of administrative appeals, Claimant was ultimately found to have failed to demonstrate that "his noncompliance with the COVID-19 vaccination mandate was rooted in a sincerely held religious belief and, therefore, his voluntary separation from employment was without good cause". Claimant appealed.

The Appellate Division, noting that whether a claimant has good cause to leave their employment and whether their conduct is motivated by a sincerely held religious belief, are factual issues for the Unemployment Appeals Board [Board] to resolve and "the Board's determination will be sustained if supported by substantial evidence". 

Deferring to the Board's credibility assessments and the inferences to be drawn from Claimant's varied testimony and submissions in his effort to excused from the New York City Commissioner of Health and Mental Hygiene's COVID-19 mandate, the Appellate Division found that substantial evidence supported the Board's determination. 

In the words of the Appellate Division, "given [Claimant's] inconsistent testimony and admission to taking vaccines in the past and willingness to take them in the future, it was reasonable for the Board to conclude that [Claimant's] refusal to comply with the vaccination mandate was for personal and secular reasons, including safety concerns, rather than for sincerely held religious beliefs and, therefore, that he voluntarily left his employment without good cause".

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

Artificial intelligence is now so powerful that AI companies are flagging their own models as cybersecurity threats

 

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How Ready Is Your Institution? AI, Cyber Risk and the Leadership Agenda Tuesday, August 4, at 2 p.m. E.T.

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Can't attend the webcast? You should still register—all registrants will receive a recording of the webcast and a copy of the presentation slides.

Law enforcement personnel complete specialized auto insurance fraud training

On July 22, 2026, New York State Governor Kathy Hochul announced that nearly 270 law enforcement officials from 55 agencies participated in specialized training on combatting auto insurance fraud and related topics at the New York State Police Academy in Albany. 

The training, led by the New York State Police and the New York State Department of Financial Services (DFS), was designed to strengthen the skills of investigators and local law enforcement professionals so they can better detect, investigate and prosecute financial crimes, including auto insurance fraud. This partnership builds on the Governor’s commitment to tackling insurance fraud and lowering the cost of auto insurance for New Yorkers.

 

“New York has experienced a sharp increase in suspected incidents of auto insurance fraud and the wave of hardship it has placed on law-abiding vehicle owners,” Governor Hochul said. “Together with our partners, we are enforcing the law, protecting New Yorkers from rising costs, and making it clear that fraud will not be tolerated — anywhere in this state. I remain committed to supporting our colleagues in law enforcement and providing the necessary resources to intercept this devastating crime.”

 

New York State Police Superintendent Steven G. James said, “Auto insurance fraud is no minor crime — the perpetrators are organized and deliberate, and it often intersects with other criminal activity. This training will improve collaboration across agencies, help to identify repeat offenders and organized groups, and make targeted arrests that have real impact. I thank Governor Hochul for her unwavering support and the New York State Department of Financial Services for their partnership and instrumental work on this training.”

 

New York State Department of Financial Services Acting Superintendent Kaitlin Asrow said, “DFS is proud to partner with the New York State Police and law enforcement agencies statewide to advance Governor Hochul’s mission to crack down on insurance fraud that increases insurance costs for drivers. Today’s training strengthens our efforts to hold criminals accountable and reduce insurance premiums for New Yorkers.”

 

The symposium builds upon the partnership between State Police and DFS, addressing financial crimes and various aspects of auto insurance fraud, including staged automobile collisions, along with investigations involving deceptive contractors and schemes targeting seniors. The training featured an overview of relevant insurance fraud statutes, case studies and practical instruction from the DFS Insurance Frauds Bureau and the New York State Police BCI Financial Crimes and Special Investigation Units on core investigative techniques. Participants included law enforcement from New York State Police, police departments, sheriff’s offices, university police departments and district attorneys’ offices.

 

Governor Hochul’s Plan to Combat Insurance Fraud, Reduce Insurance Premiums

Under Governor Hochul’s leadership, New York State is committed to combatting insurance fraud and reducing vehicle insurance premiums. The 2027 enacted budget included sweeping reforms to address fraudulent claims and staged accidents that have contributed to elevated auto insurance costs for New York families.

 

This includes:

• Enabling prosecutors to seek criminal penalties against any individual responsible for organizing a staged accident, not just the driver

• Capping damages for those engaging in unlawful behavior at the time of an accident

• Tightening the statutory definitions to clarify what constitutes a ‘serious injury,’ reserving damages for those able to objectively demonstrate that they’ve suffered a serious injury

• Limiting damages for individuals who are mostly at fault for an accident

• Applying stringent oversight on insurance company rates

• Prohibiting insurance companies from setting rates based on extraneous personal factors such as homeownership statutes, education or zip code.

 

Under Governor Hochul, DFS has transformed its approach to combating financial fraud by rebuilding and modernizing its Insurance Frauds Bureau, including through hiring new leadership and subject matter experts, investing in modern technology solutions, securing essential resources and strengthening partnerships with law enforcement statewide.

 

The New York State Police remain committed to safeguarding New Yorkers through proactive enforcement, strategic partnerships, and continuous professional development. By increasing awareness, training and fostering cross-agency collaboration, State Police will crack down on bad actors who are driving up these costs at the expense of New Yorkers. The specialized training from the symposium will be permanently incorporated into the New York State Police BCI school curriculum for future investigators.

 

This training builds on Governor Hochul’s ongoing efforts to bring down insurance costs and deliver reforms from the recently enacted New York State Budget that address key factors driving up auto insurance premiums, including insurance fraud and excessive litigation costs. Earlier this month, DFS issued guidance to implement these reforms.

 

State Senator Jamaal T. Bailey said, “Insurance fraud isn't a victimless crime; it directly drives up premiums and puts an unfair financial burden on hard-working New York families. By equipping nearly 270 law enforcement officers across 55 agencies with specialized tools to detect and prosecute these schemes, we are sending a clear message: deceptive practices will not be tolerated in our state. Dismantling fraudulent networks, holding bad actors accountable, and delivering real economic relief to drivers is imperative. I want to thank Governor Kathy Hochul for her leadership, Majority Leader Andrea Stewart-Cousins, Superintendent of NYS Police Steven G. James, Acting Superintendent of the NYDFS Kaitlin Asrow and all our law enforcement partners for their unwavering commitment to protecting consumers and safeguarding our communities.”

 

Assemblymember David Weprin said, “I commend Governor Hochul, the Department of Financial Services, and the New York State Police for bringing together law enforcement agencies from across the state to strengthen their ability to detect, investigate, and prosecute these crimes. By strengthening collaboration between the Department of Financial Services, the New York State Police, prosecutors and local law enforcement, we are giving investigators the tools they need to hold bad actors accountable, protect consumers and help make auto insurance more affordable for New Yorkers. For years, I have raised concerns about the growing impact of staged accidents, fraudulent claims and the abuse of our insurance system on hardworking families and honest businesses. The reforms enacted in this year's State Budget, coupled with this specialized training for law enforcement, represent an important step toward addressing those concerns.”

 

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Employee's absence from work as the result of being convicted and sentenced to two years in prison deemed to have impeded the Employer’s ability to fulfill its mission

A New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ], Jonathan Fogel, recommended termination of the employment of a sanitation worker [Employee] who was absent without leave [“AWOL”] for approximately ten months. 

While employed by the New York City Department of Sanitation [Agency], Employee was convicted of assault in the second degree and sentenced to two years in prison. His "Employee's absence from work due being convicted and sentenced to two years in prison was deemed to have impeded the Employer’s ability to fulfill its mission as the result of his incarceration.

The Employee attempted to have the Agency's administrative disciplinary charge dismissed for improper service because he was not personally served while in prison. Judge Fogel, however, found that the method of service used by the Agency - mailing the disciplinary charge to the Employee by certified mail via the United States Postal Service addressed to the Employee where Employee was incarcerated - satisfied due process requirements.

There was no dispute that Employee had been absent from work since February 2025 and the ALJ found that Agency had proven the charge. Although Employee had made an effort to retain his job by applying for a leave of absence, Judge Fogel found that the Employee’s continued absence impeded the Agency’s ability to fulfill its mission and recommended the Employee be terminated from his position.

Click HERE to access ALJ Fogel's findings and recommended penalty posted on the Internet.

Employees provisionally appointed to their position pursuant to §65 of New York State's Civil Service Law typically so serve at the pleasure of the appointing authority

Supreme Court granted Plaintiff's petition seeking to annul the decision of the New York City Department of Correction [DOC] to remove Plaintiff from his Assistant Deputy Warden position to which he had been provisionally appointed and restore him to his former employment status of permanent Captain. 

DOC appealed and the Appellate Division "unanimously reversed the Supreme Court's ruling "on the law," denied Plaintiff's petition and dismissed Plaintiff's action brought pursuant to CPLR Article 78.

Explaining that Supreme Court should have denied Plaintiff's petition seeking to annul DOC's decision to discontinue his employment from his provisional appointment as Assistant Deputy Warden to his former position in which he held permanent appointment as a Captain, the Appellate Division noted that provisional appointments made pursuant to Civil Service Law §65 "carry no expectation nor right of tenure" and provisionally appointed incumbents are not entitled to the protections in the position afforded permanent employees pursuant to Civil Service Law §75. 

Citing Mahinda v Board of Collective Bargaining, 91 AD3d 564, the Appellate Division's decision notes that an employee serving in a position as a provisional employee may "be terminated at any time, without a hearing, for almost any reason, or for no reason at all," so long as the termination does not violate any constitutional or statutory provision and is not arbitrary and capricious or done in bad faith."

In addition, the Appellate Division pointed out that Plaintiff's provisional appointment did not ripen into a permanent one after a one-year probationary period as [such] appointments are mere stop-gaps" and may be succeeded by a permanent appointment only as a result of an examination and eligibility in accordance with New York State's Civil Service Law.

The Appellate Division's decision also pointed out that the fact that Plaintiff was served with disciplinary charges and specifications and notice him of his right to a hearing "does not suggest that his appointment as assistant deputy warden was permanent as Petitioner's underlying permanent appointment to the position of captain entitled him to such charges and a hearing before being removed from his Captain's position or subjected to an other disciplinary penalty such as a loss of vacation days in contrast to Plaintiff's being subject to removal from his provisional appointment as assistant deputy warden at any time without charges preferred, a statement of reasons being given or a hearing being held.

Turning to other arguments advanced by Plaintiff, the Appellate Division found that Plaintiff's race, gender, and disability discrimination claims pursuant to State and City Human Rights Laws failed because the record contained no evidence giving rise to an inference of unlawful discrimination and Plaintiff presented no evidence that DOC's decision to restore him to his permanent position of Captain following Plaintiff's violating a number of DOC's rules and regulations was arbitrary and capricious or done in bad faith.

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