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

Apr 4, 2026

Selected items posted on the Internet during the week ending April 3, 2026

CALL FOR ENTRIES for the AI 50 Awards 2026! The Center for Public Sector AI invites all US state, local, and tribal governments, education and nonprofit entities, as well as private industry partners, that are advancing artificial intelligence, to participate in the AI 50 Awards 2026. Submissions are due April 10, 2026. LEARN MORE


Introducing the City Manager Innovation Council Build trusted relationships with city leaders shaping priorities and investment decisions. Explore the Council 


How AI-Powered Agents Streamline State and Local Service Delivery Explore how AI agents can help state and local governments handle routine tasks, streamline operations, and give staff more time for complex issues. DOWNLOAD


Modernizing and Funding Cybersecurity in the Age of AI This paper explores how state and local governments can modernize cybersecurity strategies to keep pace with rapidly evolving, AI-driven threats. DOWNLOAD


Modernizing Outdated Identity Tools in the Public Sector Many public sector organizations are trying to secure complex, modern IT environments with identity systems that were designed decades ago. This guide outlines a practical path to modern identity architecture. DOWNLOAD


Local Data Protections in Automated Enforcement Explore how cities protect data privacy while using automated enforcement systems responsibly. READ NOW


Navigating Dash Cams: A Guide for Union Engagement Navigating union concerns around dash cams? This guide shows public sector leaders how to build trust, address privacy head-on, and create fair policies that support both safety and moraleDOWNLOAD 


The Workforce Tools Delivering ROI in State and Local Government Explore how public sector leaders are adopting AI, automation, and safety technologies to solve today’s workforce challenges. This new research highlights what’s working, what workers want, and where public agencies are seeing real ROI across operations, training, and service delivery. DOWNLOAD



Apr 3, 2026

New York State Comptroller Thomas P. DiNapoli released the following State Government Accountability audits

Audits of the New York State Departments and Agencies listed below were posted on the Internet by New York State Comptroller Thomas P. DiNapoli on April 2, 2026.

Click on the text highlighted in color to access these audits.


Department of Health – Medicaid Program: Managed Care Payments to Unenrolled Providers (Follow-Up) (2025-F-21)

The 21st Century Cures Act mandated that managed care in-network providers, with certain exceptions, enroll as participating providers in the state Medicaid program by January 1, 2018. Through the screening and provider enrollment process, the Department of Health (DOH) gains some assurance of providers’ validity to provide Medicaid services. A prior audit, issued in June 2024, found that DOH did not monitor encounter claims to identify inappropriate managed care payments to providers who were not enrolled in Medicaid and found weaknesses in controls that led to over $1.5 billion in improper and questionable payments. DOH officials made some progress in addressing the problems identified in the initial audit report. Of the initial report’s 10 audit recommendations, two were implemented, five were partially implemented, and three were not implemented.


Department of Health – Medicaid Program: Recovering Managed Care Payments for Inpatient Services on Behalf of Recipients With Third-Party Health Insurance (Follow-Up) (2025-F-10)

The Department of Health (DOH) uses post-payment reviews to identify when a third-party health insurance (TPHI) carrier may be responsible for payments for services originally paid by Medicaid. The Office of the Medicaid Inspector General (OMIG) contracted with Health Management Systems, Inc. (a Gainwell Technologies company [Gainwell]), to perform these reviews and to pursue recoveries from TPHI carriers or providers. A prior audit, issued in September 2023, determined that DOH and OMIG lacked adequate oversight of the third-party liability recovery process. Gainwell had not billed TPHI carriers for the recovery of about $52.2 million in inpatient encounter claims that Medicaid managed care organizations paid as the primary insurance for recipients who, according to eMedNY (DOH’s Medicaid claims processing and payment system), had TPHI inpatient coverage. DOH and OMIG officials made minimal progress in addressing the problems identified in the initial audit report. Of the initial report’s eight audit recommendations, two were implemented, two were partially implemented, and four were not implemented.


Department of Health – Medicaid Program: Medicaid Payments for Early Refills of Prescription Drugs and Supplies (2024-S-16)

Through NYRx, New York State Medicaid’s Pharmacy program, the Department of Health (DOH) pays pharmacies directly for medically necessary prescription drugs and supplies provided to Medicaid members. Early refills are refills on prescriptions before the previous supply has been fully used. For the period from April 2023 through October 2024, auditors identified over 3.6 million claims totaling approximately $585.2 million for drugs and supplies refilled too early. While many claims were filled just a few days earlier than allowed by policy, nearly 43% of the findings had 20 or more excess supply days. Auditors identified multiple weaknesses in DOH’s edit logic that allowed these claims to be paid despite meeting DOH’s criteria for denial.


Department of Health – Medicaid Program: Claims Processing Activity October 1, 2024 Through March 31, 2025 (2024-S-26)

During the 6-month period ended March 31, 2025, the Department of Health’s (DOH) claims processing system, eMedNY, processed over 328 million Medicaid claims, resulting in payments to providers of over $46 billion. Auditors identified over $13.8 million in improper Medicaid payments. As a result of the audit, more than $3.4 million of the improper payments was recovered. The audit also identified 14 Medicaid providers who were charged with or found guilty of crimes that violated laws or regulations governing certain health care programs. In response to these findings, DOH removed 13 providers from the Medicaid program and was reviewing the ownership status of the remaining provider.


Homes and Community Renewal – Division of Housing and Community Renewal: Physical and Financial Conditions at Selected Mitchell-Lama Developments Located Outside New York City (Follow-Up) (2025-F-18)

The Mitchell-Lama Housing program was created to provide affordable rental and cooperative housing to middle-income families. A prior audit, issued in December 2023, found the Division of Housing and Community Renewal (DHCR) did not adequately oversee the physical and financial conditions at the sampled developments. Management at those developments misspent funds and failed to provide a safe and clean living environment for the residents. Auditors identified issues with 164 transactions totaling $327,363 and, at two of five sampled developments, observed hazardous conditions such as water-damaged ceilings and rusty, loose railings. DHCR officials made some progress in addressing the problems identified in the initial audit report, implementing one audit recommendation, partially implementing four, and not implementing two.


Homes and Community Renewal – Division of Housing and Community Renewal: Physical and Financial Conditions at Selected Mitchell-Lama Developments Located Outside New York City – Sunnyside Manor: Unauthorized Bank Account (Follow-Up) (2024-F-24)

The Mitchell-Lama Housing program was created to provide affordable rental and cooperative housing to middle-income families. A prior audit, issued in July 2024, found that Sunnyside Manor’s Board held a checking account separate from the development’s operating account, with a balance of $14,888 as of March 31, 2022. Bank statements for the Board-held account showed numerous questionable debit card transactions. This Board-held account was not included on Sunnyside Manor’s general ledger and audited financial statements and appears to have received limited oversight. Division of Housing and Community Renewal officials have made progress in addressing the issues identified in the initial audit report. Of the initial report’s three audit recommendations, two were implemented and one was partially implemented.

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Apr 2, 2026

Plaintiff's CPLR Article 78 petition seeking a court order annulling employer's decision to discontinue the services of a probationary employee rejected

Supreme Court denied Plaintiff's petition seeking to obtain a court order annulling the New York City Department of Education's [DOE] decision to discontinue Plaintiff's probationary employment, rejecting Plaintiff's argument that her termination was made in retaliation for her filing a complaint with Office of Equal Opportunity. Plaintiff appealed, but the Appellate Division unanimously affirmed the Supreme Courts decision.

The Appellate Division explained that Petitioner's challenge of the lower court's decision to discontinue her probationary employment was properly denied as Plaintiff failed to show that her termination before the completion of her maximum period of probation:

a. Was for a constitutionally impermissible purpose; or

b. Was in violation of law; or

c. Was made in bad faith.

The Appellate Division opined that Plaintiff's argument that her termination was in retaliation for filing a complaint with the Office of Equal Opportunity was speculative, given the evidence of her misconduct, insubordination, and performance issues which had been discussed with her at meetings with administrative officials and her union representative which predated her filing of her Human Rights Law complaint. The Court held that that the record supports the conclusion that DOE's decision to terminate Plaintiff's probationary employment was due to Plaintiff's professional misconduct and insubordination. 

Addressing Plaintiff's "motion to renew" presented to Supreme Court, the Appellate Division said that Supreme Court "providently denied the motion to renew" because Plaintiff did not present any new evidence that could not have been presented in [the Plaintiff's] petition or that would have rendered a different result".

The Appellate Division noted that "No appeal lies from that part of the Supreme Court's order which denied [Plaintiff's] motion to reargue."

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


Apr 1, 2026

Circumstantial evidence considered by the hearing officer in a Civil Service Law Section 75 disciplinary action

New York City Office of Administrative Trials and Hearings Administrative Law Judge [ALJ] Michael D.Turilli recommended termination of employment for a correction officer [Respondent] he found had engaged in undue familiarity by facilitating the transfer of contraband between detainees. 

Citing OATH Index No. 1593/20 (Sept. 28, 2020), adopted, Comm’r Dec. (Dec. 16, 2020), aff’d, NYC Civ. Serv. Comm’n Case No. 2020-0810, in which the then presiding ALJ held that “A finding based entirely on circumstantial evidence may be established in a Civil Service disciplinary proceeding so long as the circumstantial evidence supports the conclusion that ‘the inference drawn is the only one that is fair and reasonable'”, in the instant disciplinary action Judge Turilli noted that there was circumstantial evidence of:

a. Respondent’s surreptitious retrieval and delivery of the items captured on video;

b. Respondent's concealment of his actions on official logbooks; and

c. An audio recording of conversations between the detainees involved.

The ALJ concluded that Respondent knew that the box and the envelope had come from a detainee in the restricted housing area and that Respondent knowingly transported the contraband to another housing area. In addition, Judge Turilli said that Respondent’s denial of knowledge was uncorroborated, self-serving, and not credible. 

Judge Turilli recommended that the appointing authority terminate Respondent's employment, finding that neither Respondent’s disciplinary history nor the lack of evidence regarding the contents of the box and envelope warranted a lesser penalty. 

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


Mar 31, 2026

Discrete acts of a school board over a period of time alleged to constitute misconduct fail to establish a continuing wrong

Observing that the "discrete acts of misconduct" described by Petitioner in her petition and which allegedly took place between January 2025 and September 2025, each of these acts having occurred more than 30 days prior to service of the Plaintiff's petition, the Commissioner of Education found that such acts, in the aggregate, did not constitute a continuing wrong.

The Commissioner explained that:

1. With respect to the challenged contracts, the Commissioner said it has been consistently held that the 30-day time limitation set for filing such appeals “commences upon the award[ing] of [a] contract”; and 

2.  It has been consistently held that events "like school elections and board meetings" also trigger unique and independent 30-day time limitations.

Accordingly, the Commissioner found that Petitioner’s claims were untimely and must be dismissed, indicating that "[in] light of this determination, [she] need not address the parties’ remaining contentions".

Click HERE to access the Commissioner'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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