ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

July 23, 2022

Government Technology webinars you may have missed

Knowledge Management: UtahEmpowers IT teams to run faster, leaner and better

Knowledge management – processing, managing and analyzing information – is at the heart of everything government does. The key to improving services is to understand how to increase the speed and agility of your knowledge management processes and workflows. Join us for smart ideas on how your agency can improve knowledge management, empower your team to be more productive, and do it all on a faster, more efficient timeline.

Click here to Watch now

 

How Can Data Help Fight America's Continuing Opioid Crisis?

More than 100,000 Americans died from drug overdoses between May 2020 and April 2021 — the most ever recorded in a single year — according to the Centers for Disease Control and Prevention. Most of the deaths were due to opioids. Nearly every state in the country has seen a rise in these overdose deaths. One exception? New Jersey, which is using a data-based approach to bring health and human services officials together with law enforcement agencies in the fight against this deadly epidemic. Listen to Juan Colon, a longtime Major in the New Jersey State Police and now the National Director of Opioids and Illegal Drug Solutions with SAS, as he shares his story about how New Jersey and other jurisdictions have seen success in using data analytics to combat the opioid crisis.

Click here to Watch now

 

Mastering the Balance: Identity Verification for Digital Equality and Fraud Prevention

Jordan Burris is the former chief of staff for the White House Office of the Federal CIO. Linda Miller served as the Deputy Executive Director of the federal Pandemic Response Accountability Committee (PRAC) from 2020-2021, and she led the development of a new framework for managing fraud risks while at the Government Accountability Office. Each of these two leaders is a national expert in fraud, risk and identity - both of them joined us for this virtual panel to discuss their top strategies and best practices. This webcast offers practical, actionable ideas for your organization to ensure that the right people are receiving access to the vital government services they need.

Click here to Watch now

 

The Middle-Mile Broadband Infrastructure Program: How your organization can tap into billions of dollars in broadband funding

Listen to officials from the National Telecommunications and Information Administration (NTIA) and the Oregon Fiber Partnership explore unprecedented opportunities to strengthen digital equity — including new middle-mile resources included in the Infrastructure Investment and Jobs Act. You'll learn how jurisdictions are using federal funds to expand broadband connectivity.

Click here to Watch now

 

To view upcoming and on-demand webinars, click on webinars.govtech.com.

For assistance with registration, contact:
Jeremy Smith, jsmith@erepublic.com (916) 932-1402 direct

 

July 22, 2022

Three individuals alleged to have schemed to steal unclaimed funds from New York State arrested

Pursuant to provisions of the Abandoned Property Law and related laws, the Office of the State Comptroller receives unclaimed monies and other property deemed abandoned. A list of the names and last known addresses of the entitled owners of this abandoned property is maintained by the office in accordance with Section 1401 of the Abandoned Property Law.*

New York State Comptroller Thomas P. DiNapoli, Damian Williams, the United States Attorney for the Southern District of New York and Daniel B. Brubaker, Postal Inspector in Charge, Postal Service Inspection Service, New York Division, announced the arrest of Bakare Doukoure, Sanneh Tunkara, and Lassana Sylla on mail fraud and identity theft charges arising out of their scheme to fraudulently obtain unclaimed funds held by the New York State Comptroller’s Office of Unclaimed Funds. Tunkara was arrested on July 19, 2022 and presented before the Hon. Andrew E. Krause, United States Magistrate Judge. Sylla surrendered upon learning of an outstanding arrest warrant and was presented before Judge Krause on July 20, 2022. On July 21, 2022, Doukoure also surrendered upon learning of an outstanding arrest warrant and was presented before Judge Krause.

New York State Comptroller Thomas P. DiNapoli said: “The defendants unconscionably stole people’s identities to submit claims for money that did not belong to them, stealing from those who had unclaimed funds held by the state. Thanks to the work of my investigations team, the United States Attorney’s Office for the Southern District of New York, the United States Postal Inspection Service and the New York City Housing Authority’s Office of Inspector General, they have been arrested and will be prosecuted to the full extent of the law.”** 

U.S. Attorney Damian Williams said: “As alleged in the Complaint, Bakare Doukoure, Sanneh Tunkara, and Lassana Sylla defrauded over 100 unsuspecting New York residents out of money to which they were entitled that was held in trust by the New York State Comptroller’s Office of Unclaimed Funds. My Office and our partners in law enforcement will not stand idly by when wrongdoers target government programs designed to protect the assets of the people of this State.”

USPIS Inspector-in-Charge of the New York Division Daniel B. Brubaker said: “The defendants thought no one was looking while they carried out their scheme to defraud the New York State Comptroller’s Office, and in an attempt to hide their crimes steal the identities of numerous victims. They gamed the system for over one hundred thousand dollars and tarnished the names of innocent people, all in the pursuit of their greed. However, Postal Inspectors and our law enforcement partners are ever vigilant when it comes to exposing fraudsters. We will commit every resource available to us in the fight against identity theft and fraud. Today’s arrests should also serve as a warning to anyone who uses the mail for illegal purposes: once Postal Inspectors are on the case, it’s game over for the bad guys.

According to the allegations in the Complaint filed yesterday and unsealed today:

New York State’s Abandoned Property Law requires banks and other financial institutions to transfer abandoned customer funds in their custody to the Office of Unclaimed Funds after a specified period of time. The Office of Unclaimed Funds maintains an online database in which anyone can search to see if the Office of Unclaimed Funds is holding any unclaimed funds in someone’s name.* The owner of the funds can recover the money from the Office of Unclaimed Funds by filing a claim and proving he or she is the rightful owner of the money by providing personal identifying information such as a Social Security number or an address.  New York State has approximately $17.5 billion in unclaimed money with more than 46 million account records remaining unclaimed. The Office of Unclaimed Funds returns over $1.5 million to individuals, companies, non-profit organizations, and municipalities daily.

An investigation by the State Comptroller’s Office initially discovered the identity theft and the fraud. State Comptroller investigators brought the matter to the federal authorities and worked jointly with the Postal Inspection Service and the United States Attorney’s Office to fully uncover the scheme.

From at least in or about June 2012 to in or about April 2018, Doukoure, Tunkara, and Sylla worked together in a fraudulent scheme in which they filed fraudulent claims with the Office of Unclaimed Funds for abandoned monies held in trust by the New York State Comptroller.  Bank records show that, during the relevant period, the Office of Unclaimed Funds issued approximately 170 checks made out to approximately 120 different payees that were deposited into approximately eight different bank accounts that were controlled by either Doukoure or Tunkara.

In connection with the scheme, bank accounts controlled by Doukoure and Tunkara were used to make purchases from online databases that collect public records on individuals, such as names, dates of birth, and addresses. Doukoure and Tunkara also used stolen identities to perpetrate their scheme, including fake driver’s licenses.

Doukoure, 54, of the Bronx, New York, has been charged with conspiracy to commit mail fraud, mail fraud, and two counts of aggravated identity theft, which carries a maximum sentence of 40 years in prison and a mandatory minimum sentence of 4 years in prison.  Tunkara, 38, of the Bronx, New York, has been charged with conspiracy to commit mail fraud, mail fraud and one count of aggravated identity theft, which carries a maximum sentence of 40 years in prison, and a mandatory minimum sentence of 2 years in prison.  Sylla, 47, of Philadelphia, Pennsylvania, has been charged with conspiracy to commit mail fraud and mail fraud, which carries a maximum sentence of 40 years in prison.  The maximum potential sentences in this case are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendants will be determined by a judge.

Mr. Williams praised the outstanding investigative work of Postal Inspectors with the United States Postal Inspection Service, Investigators with the Office of the New York State Comptroller, and Investigators with the New York City Housing Authority’s Office of Inspector General. 

* Interested individuals and organizations may determine if their name appears on the Abandoned Property Listing by contacting the Office of Unclaimed Funds, Monday through Friday from 8:00 a.m. to 4:30 p.m., at: 1-800-221-9311 or visit Department of Audit and Controls' web site by clicking HERE. 

**N.B. The charges in the Complaint are merely accusations, and Doukoure, Tunkara and Sylla are presumed innocent unless and until proven guilty

 ###

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.state.ny.us/investigations, or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.

July 21, 2022

The substantial evidence standard is used in administrative disciplinary hearings

In this appeal challenging an adverse disciplinary decision following an administrative hearing on the various allegations of misconduct and insubordination filed against the Petitioner pursuant to Civil Service Law §75, the Appellate Division found that the misconduct findings by the hearing officer were supported by substantial evidence.

Citing Matter of Wales v City of Saratoga Springs, 200 AD3d 1262, the court explained that substantial evidence is "a minimal standard that requires less than [a] preponderance of the evidence and demands only the existence of a rational basis in the record as a whole to support the findings upon which the determination is based."

Addressing the penalty imposed on the Petitioner, termination, the Appellate Division, considering Petitioner's nearly a 30-year career with the employer and her "positive personnel record," concluded that imposing the penalty of termination was not '"so disproportionate to the offense, in the light of all the circumstances, as to be shocking to one's sense of fairness," citing Matter of Pell v Board of Educ. of Union Free School Dist. No. 1 of Towns of Scarsdale & Mamaroneck, Westchester County, 34 NY2d 222.

Click HEREto access the text of the Appellate Division's decision.

 

July 20, 2022

Seeking video footage recorded by a police officer's body-worn camera and attorney fees and litigation costs pursuant to New York State's Freedom of Information Law

Underlying this CPLR Article 78 action was a Petitioner's  Freedom of Information Law [FOIL] request for certain video footage recorded by a police officer's Body-Worn Camera [BWC]. The police department [Department] responded by providing Petitioner access to a video consisting of fully blurred images with the audio removed. The Department advised Petitioner that if a less redacted copy was requested, "the cost would need to be estimated and such fees would need to be paid in advance to obtain the more precisely redacted video."

As relevant to the issues on appeal, the Appellate Division opined that FOIL provides that "the court must assess against the agency involved the requesting party's reasonable attorney's fees and other litigation costs when the requesting party 'has substantially prevailed and the court finds that the agency had no reasonable basis for denying access.'"

Although the Department did not dispute that Petitioner "substantially prevailed" when the Department disclosed the records Petitioner sought in the FOIL request, it contended that it had a reasonable basis for denying Petitioner's FOIL request pursuant to its  prepayment redaction policy.

The Appellate Division held that Petitioner "has been subjected to the very kinds of unreasonable delays and denials of access which the counsel fee provision [contained in FOIL] seeks to deter" and that Petitioner is entitled to "reasonable attorney's fees and other litigation costs."

Click HERE to access the text of the Appellate Division's ruling.

[See also Matter of Maziarz v Western Regional Off-track Betting Corp., posted on the Internet HERE.]

July 19, 2022

Governor Hochul announces latest Monkeypox vaccine distribution following 2B allocation from the federal government

On July 19, 2022, Governor Kathy Hochul, along with the New York State Department of Health, announced the distribution of the JYNNEOS vaccine in New York, following an additional allocation of 8,822 doses to New York State from the federal government. New York City will receive its own allocation of 23,963 doses directly from the federal government. 

"New York continues to face a disproportionate number of monkeypox cases, Governor Hochul said. "I want to thank President Biden, Dr. Jha and other Administration officials for their partnership to secure additional vaccines for our state. While the national supply remains limited, we will continue our efforts to confront this outbreak with the urgency needed to ensure that New York receives its fair share of vaccines and protect our most vulnerable communities.

  

In this phase of vaccine distribution ("2B"), NYSDOH has allocated 2,000 of its doses to New York City, given the high number of cases concentrated in the area. The rest of the State's allocation will be distributed to counties based on the number of monkeypox cases in their locality, proximity to New York City, and ability to reach vaccine-eligible New Yorkers. All doses in this allocation are recommended to be administered as a first dose of the two-dose vaccine series. While vaccine supply remains limited, more vaccine is expected in the coming weeks and months to ensure New Yorkers get both doses needed to be considered fully vaccinated. 

 

All New Yorkers Should Learn About Monkeypox to Protect Themselves and Prevent Spread; Visit health.ny.gov/monkeypox or Text "MONKEYPOX" to 81336 or "MONKEYPOXESP" for Alerts in Spanish 

 

State Health Commissioner Dr. Mary T. Bassett said, "We continue to work with our federal partners to advocate for the vaccine supply New York needs as we ensure New York's healthcare providers and local county health departments have the guidance, resources, and infrastructure they need. New Yorkers should stay informed about monkeypox, including symptoms - such as common rashes - how the virus spreads, and what to do following exposure. If you have a rash, learn about treatment on our website and contact a healthcare provider." 

  

NYSDOH is committed to an equitable distribution of vaccine, and as it has since Phase 1, eligibility remains focused on individuals with known or likely exposure in areas with the highest number of cases. In accordance with CDC guidance advising Post-Exposure Prophylaxis (PEP) for the current Monkeypox outbreak, those already exposed or likely to have been exposed are prioritized in the State allocation by county.

 

Eligibility includes the following New Yorkers:

  • Individuals with recent exposure to monkeypox within the past 14 days. 
  • Those at high risk of a recent exposure to monkeypox, including members of the gay, bisexual, transgender, and gender non-conforming community and other communities of men who have sex with men and who have engaged in intimate or skin-to-skin contact with others in the past 14 days areas where monkeypox is spreading. 
  • Individuals who have had skin-to-skin contact with someone in a social network experiencing monkeypox activity, including men who have sex with men who meet partners through an online website, digital application ("app"), or social event, such as a bar or party. 

  

Of the 8,822 doses allocated to New York State from the federal government, 1,000 will be distributed to Nassau County, 1,800 to Suffolk County, 2,600 to Westchester County, 600 to Erie County, 600 to Monroe County, and 300 to Saratoga County - though 100 of Saratoga County's 300 doses will be taken from doses previously reserved by NYSDOH (from Phase "2A"). Albany County, which just announced its first case, will receive 40 doses and 2,000 doses will be allocated to New York City

  

In addition to vaccine distribution, NYSDOH has launched a comprehensive public education campaign to get monkeypox information directly to New Yorkers. This includes paid, digital advertising to reach men who have sex with men and the creation of a dedicated website with the latest information on monkeypox. The website has free, downloadable materials including a palm card, information card, handout, and posters available in both English and Spanish. Just last week, Governor Hochul and NYSDOH launched a new SMS text message effort to get New Yorkers information about monkeypox, including the ability to opt-in to location-based messages that may include the availability of vaccine and care in New Yorkers' areas. 

  

Anyone can get monkeypox, which is primarily spread through close, physical contact between people. Based on the current outbreak, certain populations are being affected more than others, including men who have sex with men. Information from previous outbreaks around the world indicate that elderly New Yorkers, those with weakened immune systems, pregnant people, and children under 8 years of age may be at heightened risk for severe outcomes. 

  

All New Yorkers can protect themselves and prevent the spread of monkeypox in their communities:  

  • Ask sexual partners whether they have a rash or other symptoms consistent with monkeypox. 
  • Avoid skin-to-skin contact with someone who has a rash or other monkeypox-related symptoms. 
  • Contact a healthcare provider following exposure or symptoms, and check with your local county health department about vaccine eligibility. 
  • New Yorkers who receive the JYNNEOS vaccine should receive both doses, given four-weeks apart, and stay vigilant until fully vaccinated, two weeks following the second dose. 
  • If you or your healthcare provider suspect you may have monkeypox, isolate at home. If you can, stay in a separate area from other family members and pets. 
  • Follow reputable sources of health information, including NYSDOH, CDC, and your local county health department. 

  

New Yorkers can sign-up for the text campaign by texting "MONKEYPOX" to 81336 or "MONKEYPOXESP" for texts in Spanish. New Yorkers will be able to provide their zip code to opt-in to location-based messaging, if they choose. 

  

For more information about monkeypox, including case counts by county, treatment, and care, visit health.ny.gov/monkeypox

  

New Yorkers can learn more about New York State's first vaccine allocation from the federal government here and the second allocation ("2A") here

 

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.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
NYPPL Blogger Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, 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.
New York Public Personnel Law. Email: publications@nycap.rr.com