Plaintiff's failure to follow the MTA's procedures for appealing alleged denials of Freedom of Information Law requests filed defeats his claim of constructive denial of such requests

The Appellate Division ruled that Supreme Court had properly dismissed the Plaintiff's  several petitions insofar as Plaintiff sought review of alleged constructive denials of the dozens of purported Freedom of Information Law [FOIL] requests. 

MTA Plaintiff had not consistently submitted his FOIL requests through a MTA's online portal or by physical mail to the MTA's FOIL team. Even when instructed to submit all his additional FOIL requests using the MTA online portal, Plaintiff declined to do so and then failed to follow the MTA's procedure for appealing alleged "constructive denials" of purported FOIL requests.

Finding that Plaintiff failed to exhaust his administrative remedies regarding these FOIL requests, Supreme Court granted the Metropolitan Transportation Authority [MTA] and its employees' motion to dismiss Plaintiff's FOIL requests in view of Plaintiff being advised that an instant FOIL request was under review as were 72 other purported FOIL requests. 

Supreme Court also denied Plaintiff's motions to amend Plaintiff's amended petition and motion for a default judgment, and dismissed the instant proceeding Plaintiff had filed  pursuant to CPLR Article 78.

The Appellate Division unanimously affirmed the Supreme Court's rulings, noting that:

1. Plaintiff's original FOIL request, submitted February 18, 2025, was appropriately denied and leave to amend was providently denied for failure to exhaust administrative remedies; 

2. Plaintiff's February 18, 2025 FOIL request was under consideration when Plaintiff commenced the instant Article 78 proceeding on June 6, 2025 and when Plaintiff filed an amended petition on August 14, 2025; and 

3. Plaintiff moved to further amend after Plaintiff received a partial response to his FOIL request and was informed that additional efforts to locate FOIL documents responsive were ongoing.

The Appellate Division held that Supreme Court had properly dismissed Plaintiff's amended petition insofar as Plaintiff sought review of alleged constructive denials of the dozens of purported FOIL requests Plaintiff had sent in April 2025 as those requests were not properly submitted to the MTA, which provides for submission of FOIL requests either through an online portal or by physical mail to the MTA's FOIL team*. 

Even when instructed to submit all his additional FOIL requests using the MTA online portal, Plaintiff declined and then Plaintiff failed to follow the MTA's procedure for appealing constructive denials of these purported requests.

Finding that Plaintiff failed to exhaust his administrative remedies regarding these FOIL requests. 

In addition, the Appellate Division observed that Supreme Court had "appropriately denied [Plaintiff's] motion for a default judgment, as [Plaintiff had] moved for relief while the MTA's cross-motion to dismiss was still pending".

* The Appellate Division's decision notes that Petitioner "appropriately submitted his first request through the MTA online portal and by physical mail, but he failed to send his remaining requests by either of these methods". 

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

Join the New York State Bar Association’s Workers’ Compensation Division for its 1st Annual Educational Seminar

 

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

Register Now

A premier two-day program featuring timely updates, practical guidance, and in-depth discussions on the issues shaping New York 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 Workers Comp Board
• Kids Chance of New York Scholarship Presentation
• Advocate for Injured Workers
• Case Law Update/Appeals
• Third Party Settlements – Liens & Offsets
• Practicing with Professionalism

12.0 MCLE Credits* 9.5 Credits in Areas of Professional Practice, 1.0 Credits in Skills, 1.5 in Ethics and Professionalism Not an attorney? You're welcome, too! We encourage all professionals working in the workers' compensation field to join us for this educational and networking opportunity. *Please note that non attorney attendees are not eligible to receive continuing education credit.   Sponsors Workers' Compensation Law Division Committee Torts, Insurance, & Compensation Law Section Committee on Continuing Legal Education ANNOUNCEMENT: Newly admitted attorneys in their first two years of practice will no longer be able to earn skills credits by webinar. This email was sent by: New York State Bar Association One Elk Street Albany, NY, 12207, USA For Public Officials: The New York State Bar Association is registered with the New York State Commission on Ethics and Lobbying In Government pursuant to the Lobbying Act to engage in lobbying activities. Consequently, public officials cannot accept certain benefits from the Association. Further information can be obtained by contacting an official's agency ethics officer or the Association at (518) 463-3200. Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, contact the Member Resource Center at 800-582-2452 or  mrc@nysba.org. Posted Pro Bono by NYPPL

Selected New York State Education Law §§306 or 310 administrative decisions by New York State's Commissioner of Education

Decision No. 18,854 Application for the removal of a trustee of the Board of Education of the Enlarged City School District of the City of Middletown. Click HERE to access the decision of the Commissioner of Education posted on the Internet.

Decision No. 18,864 Appeal from the Board of Education of the City School District of the City of Mount Vernon discontinuing the probationary appointment of an employee. Click HERE to access the decision of the Commissioner of Education posted on the Internet.

Decision No. 18,865 Appeal of an unsuccessful candidate for election to the Board of Trustees of the Wyandanch Public Library from an action by the Library's Board of Trustees regarding such election. Click HERE to access the decision of the Commissioner of Education posted on the Internet.

Decision No. 18,867 Appeal of Young Advocate For Fair Education concerning certain actions by the New York City Department of Education addressing the substantial equivalency of certain properties and the development of certain remedial education action plans.  Click HERE to access the decision of the Commissioner of Education posted on the Internet.

Governments brace for a "new normal" following PHP cybersecurity scares

On October 28, 2026, Governing Daily posted a report on the Internet indicating that the discovery of two critical flaws in a foundational programming language triggered governments and companies around the world to take down their websites. 

Governing Daily's Internet post said that "state and local leaders are preparing for AI [Artificial Intelligence] to unlock a new world of constant vigilance and heightened cyber risks". 

Click the text in red to Read More

On October 27, 2026, New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits have been issued.

Click on the Text highlighted in COLOR to access the audit.

Building Access in 20 Schools Auditors conducted 20 school district and boards of cooperative educational services (schools) audits between December 2025 and May 2026 and found that most schools did not properly manage and monitor building access accounts and devices. As a result, there were potential risks for unauthorized access to the schools’ buildings, compromising building security and safety for students, teachers, staff and visitors. Individual reports for each school district were issued, as well as this report summarizing the overall findings. 

Audit Follow-Up Reviews for 20 Fire Districts The State Comptroller’s office previously issued 20 fire district audits and conducted this follow up to determine if the fire district implemented those recommended. Auditors determined that district officials did not fully implement 121 of the 163 recommendations (74%), leaving operations and taxpayer resources vulnerable to inefficiencies and fraud. 

Bloomington Fire District – Transparency of Fiscal Activities (Ulster County) The board did not obtain an audit of the treasurer’s financial records for fiscal year 2025. According to district officials, the last board-obtained audit of the treasurer’s records was for fiscal year 2017. In addition, the treasurer did not prepare and file the 2025 annual financial report (AFR) with the State Comptroller’s office within 60 days after the fiscal year end as required by state law. Prior to this audit, the treasurer last filed the AFR for fiscal year 2017.

Le Roy Fire District – Purchasing: Travel, Meals and Refreshments (Genesee County) The board did not adequately oversee the district’s travel, meal and refreshment purchases to ensure they were properly supported with documentation, complied with district policies and served legitimate district purposes. Of the 134 purchases totaling approximately $23,000 that auditors reviewed, 117 purchases worth $22,100 contained one or more exceptions. As a result, district officials paid approximately $17,000 for purchases that were unnecessary or not appropriate. The purchases accounted for 74% of the travel, meal and refreshments purchases made during the audit.

Palmyra-Macedon Central School District – Information Technology (IT) Asset Management (Ontario County and Wayne County) District officials did not appropriately inventory, track and safeguard IT assets. Because the board of education did not adopt an IT asset inventory policy, district officials lacked detailed guidance for the maintenance of IT asset inventory records. As a result, the director did not maintain complete, accurate and up-to-date inventory records to properly account for IT assets.

Town Line Fire Department – Capital Projects (Erie County) The board and president did not properly plan and manage the capital project. By adopting a written multiyear capital plan, creating a detailed and itemized budget, approving all change orders and adhering to the department’s purchasing policy, they could have gained a clearer understanding of the project’s requirements. This would have allowed for a more accurate cost estimate and timeline, which could have avoided unnecessary costs. Consequently, the treasurer paid approximately $1.6 million in project expenses, which surpassed the initially estimated costs of $1 million.

Village of Moravia – Treasurer’s Records and Reports (Cayuga County) The treasurer did not prepare and maintain complete, accurate and timely records and reports. As a result, the board of trustees did not have reliable financial information to effectively manage the village’s financial operations, which increased the risk that errors, irregularities and misuse of village resources could occur and remain undetected.

Village of Walden – Payroll and Employee Benefits (Orange County) Village officials did not consistently ensure that employee payroll and leave accruals were accurate, properly approved and adequately supported. Weaknesses in payroll oversight and internal controls reduced accountability and transparency, and contributed to at least $144,767 in unsupported payroll payments, leave accruals and employee benefits.

Wayne County Industrial Development Agency (WCIDA) – Website Transparency WCIDA officials generally maintained a transparent website. However, auditors identified minor issues that they reviewed with WCIDA officials.

Ravena-Coeymans-Selkirk Union Free School District – Audit Follow-Up Review (Albany County and Greene County) The purpose of the review was to assess the district’s progress in implementing recommendations in Ravena-Coeymans-Selkrik Central School District – Lead Testing and Reporting, released in July 2025. Of the audit’s seven recommendations, district officials fully implemented three recommendations related to reporting and recordkeeping and partially implemented four recommendations related to sampling, testing, remediation and review of the district’s lead testing program. Until the remaining recommendations are fully implemented, district officials cannot ensure that all applicable water outlets are identified and tested or appropriately secured against use. As a result, students and staff could consume water from outlets that have not been tested and could potentially exceed the lead action level.

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On October 28, 2026 join the New York State'S Workers' Compensation Board's presentation of "Workers’ Comp 202 – Best Practices to Access Benefits for Workers"

A presentation by the Office of the Advocate for Injured Workers

The Board is pleased to continue its webinar series tomorrow for workers and their advocates, and there is still time to register!

Workers’ Comp 202 is a deeper dive into best practices workers can use to access their workers’ compensation benefits. This presentation will cover:

• understanding labor market attachment,
• details on benefit periods and how benefit rates are calculated,
• the importance of items such as the degree of disability and the Carrier Continue Payments (CCP) order,
• how advocates can help workers and comply with privacy provisions,
• The Board’s New York Medical Treatment Guidelines, and more!

The sessions are free and there will be time for your questions.

Register here

Wednesday, October 28, 2026
12:00 p.m. – 1:30 p.m.

Tuesday, November 24, 2026
12:00 p.m. – 1:30 p.m.

Tuesday, December 22, 2026
12:00 p.m. – 1:30 p.m.

More information

Visit the Advocate for Injured Workers section of the Board’s website for additional resources.

You can also call the Advocate for Injured Workers at (877) 632-4996 or email advinjwkr@wcb.ny.gov.

Having trouble?

If you are having trouble registering for or attending any of these webinars, check out these Webinar FAQs.

Owner of medical transportation company pleads guilty to Medicaid fraud

The owner of an Ulster County medical transportation service company today pleaded guilty to grand larceny in the second degree for stealing $227,000 by unlawfully billing the Medicaid program by inflating charges and billing for services that were never provided, State Comptroller Thomas P. DiNapoli and Ulster County District Attorney Emmanuel C. Nneji announced today.

Mohammad A. Khan, 69, the owner of Atlas Limo pleaded guilty in Ulster County Court before Judge Bryan Rounds and paid $227,000 in restitution. Sentencing was scheduled for Jan. 4, 2027.

“Khan falsified bills and bribed patients to defraud Medicaid, bolstering his own profits at the expense of New Yorkers,” DiNapoli said. “Now, thanks to my partnership with District Attorney Nneji, he is facing the consequences of his actions. Millions rely on Medicaid for their health care needs. I will continue to partner with law enforcement throughout the state to root out fraud and protect the integrity of the program.”

“As we continue to work hand-in-hand with NYS Comptroller Tom DiNapoli to combat fraud in Ulster County, it is both gratifying to hold the principals of the Atlas Limo Corporation accountable and to recoup funds fraudulently obtained by them. I remain committed to rooting out fraud, public and otherwise, because it is not just a matter of accounting for public money, it is also necessary to restore public trust,” Nneji said.

Under the Medicaid program, patients may use transportation services to go to legitimate medical appointments. Providers then bill the Medicaid program. Group rides are not allowed without prior authorization, and approved providers can only bill for mileage once for a group.

As part of the joint investigation, DiNapoli’s investigative team and the Ulster County District Attorney’s Office found that the defendant systematically billed the Medicaid program individually for rides that were actually unauthorized group rides and for rides that never occurred. The investigation also found patients were paid kickbacks to use Atlas Limo’s services and facilitate the fraud. The crimes occurred from May 2024 to January 2025.

Khan was arrested in June 2025 along with his son, Muhammad W. Khan, the owner of MAK Limo. Both companies were enrolled in the Medicaid program.

Muhammad W. Khan pleaded guilty to stealing over $1 million in Medicaid funding. He was ordered to pay full restitution and was sentenced to three to nine years of state prison in September 2026.

DiNapoli has zero tolerance for Medicaid fraud and fraud of any public monies. Over the last 18 months, DiNapoli’s investigations of Medicaid fraud have resulted in 58 arrests and the ordered recovery of nearly $50 million. 

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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. New Yorkers can report allegations of fraud involving taxpayer money by calling the toll-free Fraud Hotline at 1-888-672-4555: by filing a complaint online at https://www.osc.ny.gov/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.