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Sep 14, 2026

New York State Local Government and School District audits posted on the Internet

On September 11, 2026, New York State Comptroller Thomas P. DiNapoli  announced the following local government and school audits were issued.

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

Averill Park – Sand Lake Fire District No. 2 – Claims Auditing (Rensselaer County) The board did not conduct a thorough audit of claims paid. Auditors reviewed 62 claims totaling $280,832 and determined that none of the claims were audited and approved by the entire board as required. Auditors determined that the 62 claims were properly supported and for valid and legal purposes. However, the lack of a claims audit increased the risk that claims for improper purposes could be paid, or that irregularities could go undetected and uncorrected.

City of Olean – Financial Management (Cattaraugus County) City officials did not properly manage the city’s fund balance or ensure that financial activity was accurately recorded and reported. Specifically, city officials did not consistently maintain unrestricted fund balance in accordance with the city’s fund balance policy, and the city’s accounting records and financial reports were inaccurate.

Fulton City School District – Financial Condition (Oswego County) The board adopted budgets that relied on appropriated fund balance and underestimated expenditures, resulting in recurring operating deficits that significantly depleted the district’s financial cushion. As a result, the district's surplus fund balance declined to $607,034 at the end of the 2024-25 fiscal year, representing just 0.6% of the ensuing year’s budget. The district also issued $8 million in revenue anticipation notes to address year-end cash flow needs.

Groton Central School District – Building Access (Cayuga County, Cortland County and Tompkins County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned key fobs in the system. As a result, there was a potential risk for unauthorized access to district school buildings, compromising building security and safety for students, teachers, staff and visitors.

Hancock Rural Fire District – Board Oversight (Delaware County) The board did not provide adequate oversight of the district’s financial operations. As a result, contracts were incomplete, required policies were not adopted, commissioners did not complete required fiscal oversight training and the board did not annually audit the treasurer’s records.

Malverne Union Free School District – Building Access (Nassau County) District officials did not properly manage and monitor building access accounts and devices. Specifically, the district had active, but unneeded, accounts with assigned key cards in the system. As a result, there was a potential risk for unauthorized access to district school buildings.

North Brookfield Volunteer Fire Department – Investments (Madison County) Department officials did not adopt a written investment policy or establish procedures to govern the investment of department funds or provide a framework to help ensure funds were invested safely and prudently, and that the department’s resources were not exposed to unnecessary financial risk. During the audit period, the department invested $77,200 with a local tax preparer/insurance agent who issued promissory notes that promised an 8% annual return. The individual whom the department invested their funds with subsequently filed for bankruptcy in April 2023 and was convicted of operating a Ponzi scheme involving more than $50 million. Although the department recovered $6,442 through the bankruptcy proceedings, it lost $45,758 of its principal investment and never received a return on the investment.

Snyder Fire District – Claims Auditing (Erie County) The board did not properly audit all claims before payment, and the district incurred unnecessary costs totaling approximately $9,700 as a result. Auditors reviewed 137 claims totaling approximately $367,000 and determined that 115 claims totaling approximately $357,000 (84% of the claims reviewed, and 97% of dollars examined) did not have sufficient documentation to support a proper audit and should not have been approved and paid for.

Springfield Fire District – Board Oversight (Otsego County) The board did not provide adequate oversight of the treasurer’s accounting records and financial reports or ensure that all required Annual Financial Reports (AFRs) were filed. As a result, the board lacked assurance that the district’s accounting records and financial reports were accurate, financial operations were properly monitored and statutory reporting requirements were met. In addition, when AFRs are not filed, the board, taxpayers, the Office of the State Comptroller and other interested parties are prevented from obtaining timely and reliable information to assess the district’s financial condition.

Town of Galway – Salaries and Employee Benefits (Saratoga County) The board authorized salaries and benefits through resolutions and a collective bargaining agreement (CBA). Time worked was supported by time records containing supervisory approval, all payrolls were certified by the town supervisor, and leave accruals were generally earned and used appropriately. However, the town supervisor did not adequately monitor salaries paid and benefits provided to ensure employees were paid and received benefits consistent with approved board resolutions and the CBA.

Town of Portage – Supervisor’s Records and Reports (Livingston County) The supervisor did not maintain complete, accurate and up-to-date accounting recors and reports. Although the supervisor assigned his duties for maintaining the accounting records and preparing disbursements and financial reports to a bookkeeping firm, the supervisor did not provide adequate oversight of these duties.

Town of Rose – Supervisors’ Records and Reports (Wayne County) The supervisors did not maintain complete, accurate and up-to-date accounting records and reports. Although the supervisors assigned their duties for maintaining their accounting records and preparing disbursements and financial reports to the appointed clerk to the supervisor, the supervisors did not provide adequate oversight of these duties.

Village of South Glens Falls – Budgeting and Financial Management (Saratoga County) The board and village officials did not adopt realistic and structurally balanced budgets or effectively manage fund balance and reserve funds during the audit period. The board routinely overestimated appropriations, did not consistently receive or review monthly budget-to-actual reports and did not adopt fund balance or reserve policies. These practices contributed to accumulating excessive surplus funds which may indicate that taxes and fees were higher than necessary to fund operations.

Waterloo Central School District – Building Access (Seneca County) District officials did not properly manage and monitor building access accounts and devices. Specifically, of the accounts auditors reviewed, the district had active, but unneeded, accounts with assigned badges in the system. As a result, there was a potential risk for unauthorized access to district school buildings.

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Sep 12, 2026

Selected items posted on the Internet during the week ending September 11, 2026

Budget Director Kristin Walker is using research, data and performance management to help state agencies evaluate programs and direct limited resources where they can have the greatest impact. Read More

Keeping Public Services Accessible During Emergencies Power outages, severe weather, and equipment failures don't stop the need for public services. Learn how agencies can prepare for unexpected disruptions while maintaining reliable communications with staff and the communities they serve. DOWNLOAD

Better User Experiences, Better Government: Designing the Modern Workplace In this thought leadership paper, explore how the Texas Teachers Retirement System redesigned its workplace to create a more seamless employee experience, improve collaboration and reduce IT complexity. Download the paper to learn five practical best practices for modernizing meeting spaces, supporting hybrid work and building workplaces that empower employees to focus on serving the public. DOWNLOAD

From Threat to Trust: Building Security into Public Workflows Protecting today's public sector means building security into every workflow — not bolting it on afterward. This thought leadership paper explores why embedding security directly into devices and everyday workflows is essential for reducing risk, improving resilience and supporting mission success. Download the full paper to learn how your organization can make security a seamless part of daily operations. DOWNLOAD

A Candid Conversation About Government AI Hear government leaders discuss AI governance, risk, data protection and accountability. Save Your Spot


Sep 11, 2026

Employee on a pregnancy-related leave terminated after failing to commit to a return-to-work date

In this action to recover damages for alleged unlawful employment discrimination on the basis of gender in violation of Executive Law §296 and the Administrative Code of the City of New York §8-107, Plaintiff appealed from an order of the Supreme Court granting the Defendant's motion for summary judgment dismissing her complaint. 

Plaintiff had taken a pregnancy-related leave but had repeatedly failed to commit to a date on which she would return from such leave. Defendant terminated Plaintiff's employment at the end of her pregnancy-related leave.

Plaintiff commenced the instant action alleging unlawful discrimination on the basis of gender and retaliation within the meaning of the New York State Human Rights Law [NYSHRL] (Executive Law §296) and the New York City Human Rights Law [NYCHRL] (Administrative Code of the City of New York §8-107). Defendant moved for summary judgment dismissing Plaintiff's complaint. 

Supreme Court granted Defendant's motion for summary judgment and Plaintiff appealed the Supreme Court's ruling.

The Appellate Division found that:

1. Defendant met its prima facie burden by demonstrating that Plaintiff's employment was terminated for a nondiscriminatory reason, namely her failure to commit to a return-to-work date, citing Niemotko v Mount St. Mary Coll., 241 AD3d at 703; and

2. Plaintiff failed to raise a triable issue of fact as to whether the Defendant's reason for terminating her employment was a pretext for pregnancy discrimination, citing D'Agostino v MMC E., LLC, 184 AD3d 719.

The Appellate Division held that "Supreme Court properly granted that branch of the [Defendant's] motion which was for summary judgment dismissing the cause of action alleging pregnancy discrimination in violation of the NYSHRL", noting that "the [Defendant] met its prima facie burden by establishing that there was no evidentiary route that could allow any jury to believe that the [Plaintiff's] employment was terminated for discriminatory reasons".

The Appellate Division also noted that Plaintiff "failed to raise a triable issue of fact as to whether the proffered explanation [by the Defendant] was a pretext for discrimination or whether discrimination was one of the motivating factors for the challenged action".

Opining that "Supreme Court properly granted that branch of the [Defendant's] motion which was for summary judgment dismissing the cause of action alleging gender discrimination in violation of the NYCHRL", the Appellate Division dismissed Plaintiff's appeal.

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


Sep 10, 2026

New York State Bar Association’s Workers’ Compensation Division to hold its 1st Annual Educational Seminar

Join the New York State Bar Association’s Workers’ Compensation Division for its 1st Annual Educational Seminar, a premier two-day program featuring timely updates, practical guidance, and in-depth discussions on the issues shaping New York State's workers’ compensation law. 


Topics include:

  • Current Trends in NYS Workers’ Compensation
  • Litigation Strategy & Effective Hearing Protocol 
  • Appellate Division, 3rd Department Panel 
  • Section 32 Settlements & Stipulations
  • Permanency & Labor Market Attachment 
  • Medical Causation & Benefits
  • A View From the Bench 
  • Kids Chance of New York Scholarship Presentation
  • Presentation from the New York State Compensation Board
    Advocate for Injured Workers
  • Case Law Update/Appeals
  • Third Party Settlements – Liens & Offsets
  • Practicing with Professionalism

Wednesday, November 4, 2026 – Thursday, November 5, 2026
New York State Bar Association – Albany, NY
Register Now


Sponsors include:

Workers' Compensation Law Division Committee
Torts, Insurance, & Compensation Law Section
Committee on Continuing Legal Education


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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