Selected items posted on the Internet during the week ending September 4, 2026

The Q3 2026 issue of Governing Magazine is out now. This edition spotlights Governing’s 2026 Public Officials of the Year. Honorees are tackling government’s toughest challenges with pragmatic leadership, fresh ideas and a focus on delivering results that improve people’s lives. Read More.

Governing in the Age of Agentic AI This Governing guide gives elected, legislative and executive leaders a practical framework for navigating this next phase of AI. Drawing on real-world examples from states and cities, it explores how policymakers can encourage responsible experimentation, modernize governance and funding models, prepare the public workforce, strengthen transparency and build safeguards that keep pace with rapidly evolving technology. DOWNLOAD

Govern AI Before It Governs You Practical templates, scorecards, and worksheets to help your agency govern AI. Download the Free Kit

Local government leadership is a public activity, from campaigning to showing up when constituents need help or attention. But according to a new survey from Princeton’s Bridging Divides Initiative, many local leaders feel less comfortable being in public.  Read More

Safer Communities, Lower Costs: What Government Leaders Need to Know About AI Dash Cams This paper explores how agencies are using AI to reduce crashes, lower liability and insurance costs, protect employees from false claims, and uncover operational efficiencies that deliver a rapid return on investment. DOWNLOAD

Colorado, New Mexico and Washington are expanding protections for wetlands and streams as federal oversight retreats, offering potential models for other states. Read More

How Much AI Is Already in Your Agency? See how CapMetro uncovered AI usage and built governance on real organizational data.  Discover Their Approach

Creating Strategic Partnerships in State and Local Government Download this paper to explore how strategic partnerships can help agencies optimize technology investments, improve service delivery and prepare for what's next. DOWNLOAD

How Reno Transformed Boards and Commissions to Build an Award-Winning Governance Model Learn how Reno centralized governance workflows, reduced administrative burden, improved compliance and delivers a more accessible experience for residents — all without increasing costs. READ NOW

How High-Performance Computing Meets Compliance Innovation and compliance don't have to compete. Learn how public sector organizations can securely power AI, advanced analytics and high-performance computing while meeting evolving regulatory requirements. Download the paper for practical guidance on building secure, future-ready computing environments. DOWNLOAD

Think Like a Fraudster, Adapt Like an Expert Identity fraud is a significant and growing threat to the integrity and mission of government services. The key to countering today's threats and future risks is to understand what motivates fraudsters. This handbook explains key varieties of identity fraud and the fundamentals of effective identity verification. Most importantly, it gives government leaders insights into the fraudster's mindset so they can create strategies to proactively prevent fraud and adapt to evolving tactics. DOWNLOAD

How the City of Newport News Is Raising the Bar for Open Government Facing a surge in public records requests, Newport News centralized FOIA management to improve transparency, streamline compliance and strengthen public access to government information. READ NOW 

Achieve Governance and Speed Without Compromise Outdated systems and disconnected workflows slow progress and limit accountability. Discover how intelligent work management gives government leaders the visibility, control and automation needed to accelerate projects without sacrificing governance. Download the paper the full paper to learn more. DOWNLOAD

NYPPL will observe Labor Day on Monday, Sept. 7, 2026. 

Labor Day Weekend Travel Advisory

NEW YORK STATE'S GOVERNOR HOCHUL SUSPENDS CONSTRUCTION-RELATED LANE CLOSURES FOR LABOR DAY WEEKEND

 

Lane Closures Suspended From Friday, September 4 at 6:00 a.m. to Tuesday, September 8 at 6:00 a.m.

 

Motorists Urged To Slow Down and Move Over for All Vehicles

Awarding attorney fees to the prevailing party in CPLR Article 78 actions

Plaintiff commenced this proceeding pursuant to CPLR Article 78, seeking, inter alia, to be reinstated to his position as a firefighter with the New York City Fire Department [FDNY] and an award of attorneys' fees and costs and disbursements. 

Supreme Court, among other things, granted that branch of the Plaintiff's petition which was for reinstatement and directed a hearing on the issue of attorneys' fees and costs. Following the hearing, Supreme Court determined that the Plaintiff was entitled to an award of attorneys' fees in the sum of $28,080, plus costs and disbursements. FDNY and the City appealed the Supreme Court's ruling.

Citing Matter of Smith v New York City Fire Dept., 239 AD3d 870 and other decisions, the Appellate Division said that "The general rule is that in [CPLR] article 78 proceedings, the prevailing party may not collect attorneys' fees from the loser unless an award is authorized by agreement between the parties or by statute or by court rule".

In the instant matter the Appellate Division held that "since the award of attorneys' fees was not authorized by agreement, statute, or court rule", the Supreme Court improperly awarded attorneys' fees to the Plaintiff.

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

Arbitrators relinquish all powers over the parties to the arbitration upon issuance of a final award and are precluded from modifying or reconsidering that award

On August 26, 2026, the Appellate Division, Second Department, issued a decision addressing efforts by the relevant parties to confirm an arbitration award and a related proceeding pursuant to CPLR Article 75, inter alia, to vacate an arbitration award involving the same parties.

The Appellate Division's decision is set out below:

In the Matter of Tawannah Jordan, appellant,

v

New York City Transit, respondent.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on August 26, 2026

2024-01413, (Index Nos. 510230/23, 516876/23)

Lara J. Genovesi, J.P.

Linda Christopher

Barry E. Warhit

Lourdes M. Ventura, JJ.

Law Office of Edward Pichardo PLLC, New York, NY, for appellant.

David I. Farber, Brooklyn, NY (Byron Z. Zinonos of counsel), for respondent.

DECISION & ORDER

In a proceeding pursuant to CPLR article 75 to confirm an arbitration award dated January 10, 2023, and a related proceeding pursuant to CPLR article 75, inter alia, to vacate an arbitration award dated May 18, 2023, the petitioner appeals from an order of the Supreme Court, Kings County (Patria Frias-Colón, J.), entered January 11, 2024. The order denied the petition, inter alia, to vacate the arbitration award dated May 18, 2023, in effect, confirmed that arbitration award, denied, as academic, the petition to confirm the arbitration award dated January 10, 2023, and, in effect, dismissed the proceedings.

ORDERED that the order is affirmed, with costs.

New York City Transit (hereinafter the Transit Authority) suspended the petitioner's employment without pay. In an arbitration award dated January 10, 2023 (hereinafter the January 2023 award), the arbitrator determined that the appropriate discipline for the petitioner was a time-served suspension and completion of an anger management program. In a second arbitration award, dated May 18, 2023 (hereinafter the May 2023 award), the arbitrator determined that the January 2023 award made the petitioner's completion of the anger management program a condition precedent to her reinstatement. In connection with these awards, the petitioner commenced two related proceedings against the Transit Authority pursuant to CPLR article 75: the first to confirm the January 2023 award and the second, inter alia, to vacate the May 2023 award. In an order entered January 11, 2024, the Supreme Court denied the petition, among other things, to vacate the May 2023 award, in effect, confirmed the May 2023 award, denied, as academic, the petition to confirm the January 2023 award, and, in effect, dismissed the proceedings. The petitioner appeals.

"'It is well settled that judicial review of arbitration awards is extremely limited. An arbitration award must be upheld when the arbitrator offer[s] even a barely colorable justification for the outcome reached'" (Matter of Adams v Veolia Transp. Servs., 242 AD3d 1196, 1197, quoting Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d 471, 479). "A party seeking to overturn an arbitration award bears a heavy burden and must establish a ground for vacatur by clear and convincing evidence" (Matter of Board of Educ. of the Yonkers City Sch. Dist. v Yonkers Fedn. of Teachers, 185 AD3d 811, 812; see Matter of NRT N.Y., LLC v St. Arromand, 216 AD3d 641, 642). "'[A]n arbitrator's award should not be vacated for errors of law and fact committed by the arbitrator and the courts should not assume the role of overseers to mold the award to conform to their sense of justice'" (Matter of Tauber v Gross, 216 AD3d 1066, 1068, quoting Wien & Malkin LLP v Helmsley-Spear, Inc., 6 NY3d at 479-480). "'Where, as here, an arbitration award was rendered after a consensual arbitration process pursuant to the terms of a collective bargaining agreement, the award may not be vacated on the ground that the arbitrator exceeded his or her power unless it violates a strong public policy, is irrational, or clearly exceeds a specifically enumerated limitation of the arbitrator's power'" (Matter of Henry v New York State Workers' Compensation Bd., 230 AD3d 1241, 1242, quoting Matter of Lewis v New York City Tr. Auth., 183 AD3d 738, 738; see CPLR 7511[b][1][iii]). "An award 'is irrational only where there is no proof whatever to justify the award'" (Matter of Rivera v New York City Tr. Auth., 216 AD3d 644, 645, quoting Matter of Reddy v Schaffer, 123 AD3d 935, 937).

Here, the petitioner failed to demonstrate that the May 2023 award violated this standard (see Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326, 333; Matter of Professional Firefighters Assn. of Nassau County, Local 1588, Intl. Assn. of Firefighters, AFL-CIO v Village of Garden City, 119 AD3d 803, 803). Moreover, the May 2023 award was not indefinite or nonfinal for purposes of CPLR 7511, as it did not leave the parties unable to determine their rights and obligations, it resolved the controversy before the arbitrator, and it did not create a new controversy (see id. § 7511[b][1][iii]; Matter of County of Nassau v Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc., 213 AD3d 661, 663; Matter of Rokeach v Salamon, 193 AD3d 937, 939).

"[A]rbitrators relinquish all powers over the parties to the arbitration upon issuance of a final award and, therefore, are precluded from modifying or reconsidering that award" (American Intl. Specialty Lines Ins. Co. v Allied Capital Corp., 35 NY3d 64, 71; see Matter of County of Nassau v Nassau County Sheriff's Corr. Officers Benevolent Assn., Inc., 213 AD3d at 663). Here, the May 2023 award did not improperly modify the January 2023 award, which was indefinite and nonfinal insofar as it left the parties unable to determine their rights and obligations regarding the duration of the petitioner's suspension (see Matter of Rosenberg v Schwartz, 176 AD3d 1069, 1071; Matter of Board of Educ. of Amityville Union Free School Dist. v Amityville Teacher's Assn., 62 AD3d 992, 994).

The petitioner's remaining contention is without merit.

GENOVESI, J.P., CHRISTOPHER, WARHIT and VENTURA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court

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