Recent personnel disciplinary decisions handed down by NYC Office of Administrative Trials and Hearings Administrative Law Judges

Supervising OATH Administrative Law Judge Joan R. Salzman recommended a 15-day suspension for a steamfitter who was discourteous to his supervisor on two occasions. On one of these occasions, the employee made an anti-Latino remark to express his dissatisfaction with his supervisor. Although the employee was also Latino, his remark was offensive and unacceptable workplace behavior. Click HERE to access Judge Salzman's decision.

 

OATH Administrative Law Judge Christine Stecura recommended dismissing charges against a paramedic charged with stealing money from a patient. The paramedic’s partner alleged that he saw the paramedic take money from the patient’s apartment but the ALJ found that petitioner failed to corroborate the partner’s testimony. The patient’s ex-wife’s testimony that she did not see the paramedic take any money and did not notice any money missing from the apartment undermined petitioner’s case. Click HERE to access Judge Stecura's decision.

 

OATH Administrative Law Judge recommended dismissing charges against a sergeant charged with failing to issue a summons to a driver, unlawfully ordering a patrol officer to dispose of marijuana recovered during a traffic stop, and failing to keep an accurate account of marijuana recovery. The allegations against the sergeant were made by the patrol officer, who was being investigated about his conduct during the traffic stop. The patrol officer did not testify at trial. Instead, petitioner relied on the patrol officer’s unsworn statements to an investigator and presented the investigator’s testimony and report at trial. The ALJ found respondent’s testimony denying the allegations to be more credible than the hearsay statements attributed to the patrol officer. The investigator’s report was also found to be unreliable. Click HERE to access Judge McGeachy-Kuls' decision.

 

OATH Administrative Law Judge Orlando Rodriguez recommended termination of employment for an investigator charged with misconduct and incompetence. The Department proved that the employee persistently demonstrated an unwillingness to perform his job and was excessively absent. The ALJ also found that the employee was insubordinate to his supervisors by failing to respond to e-mails, refusing to attend conferences and trainings, sending discourteous e-mails, and being absent without leave. Click HERE to access Judge Rodriguez's decision.

 

Retirees found to have a vested contract right to health insurance in retirement

Former firefighters and the spouses of deceased former firefighters  who retired from their employment with City of Albany [City] before October 20, 2015, [Plaintiffs], were advised that effective January 1, 2016, there would be changes to the health insurance plan and Plaintiffs would be required to pay annual $250 deductibles for insured individuals and $500 deductibles for insured families.

The Union filed a grievance on behalf of its members with respect this change's affecting active union members upon their eventual retirement and submitted the matter to  arbitration. The Union contended that the City's unilateral change to retirees' health insurance violated the terms of §27.1 of the relevant collective bargaining agreements [CBA]. 

An arbitrator found that the City's failure to negotiate the new deductibles violated the CBA and a second arbitrator subsequently found that, by imposing deductibles, the City was no longer providing substantially equivalent coverage. The second arbitration award required the City to reimburse deductibles paid by all retirees who retired on or after October 20, 2015. Both arbitration awards were confirmed.

Plaintiffs in this action, however, were not included in the arbitration award because they or their deceased spouses had retired prior to October 20, 2015, the effective date of the award. Plaintiffs commenced the instant action against the City alleging a breach of contract and requested a declaratory judgment. Plaintiffs also sought reimbursement for their past and continuing payment of the deductibles. Plaintiffs moved for summary judgment while the City cross-moved for summary judgment dismissing the complaint.

Supreme Court found that Plaintiffs had a vested contract right under the CBA and that collateral estoppel precluded the City from relitigating the issue of whether §27.1 of the CBA was violated. Accordingly, the court granted Plaintiffs' motion for summary judgment and denied the City's cross-motion. The City appealed.

The Appellate Division affirmed the Supreme Court's ruling explaining:

1. Plaintiffs' right to health insurance without deductibles was a form of deferred compensation earned during their employment, to which they had a vested right as §27.1  of the CBA was "neither expressly limited to active union members ... nor does it clearly include retired former union members."

2. Given this ambiguity, the court may look to past practice to give meaning to the contract; and

3. While it is true that past practice "is merely an interpretive tool and cannot be used to create a contractual right independent of some express source in the underlying agreement" there is an express source for Plaintiffs' claimed contractual right here, namely §27.1 of the CBA and its reference to the "existing health insurance plan."

Citing Holloway v City of Albany, 169 AD3d 1133, the Appellate Division noted the record revealed "that it was the longstanding practice of the City not to charge deductibles as part of the health insurance plan for retirees."

Indeed, said the Appellate Division, an affidavit submitted to Supreme Court by one of the Plaintiffs, a former Union president, reflected that no deductible had been charged to retirees for at least 20 years before his retirement in 2010, and the lack of a deductible was an important factor in his decision to opt into the City's health insurance plan when he retired. Additionally, opined the court, there is "no meaningful distinction between Holloway and the instant case".

Acknowledging what it characterized as "the well-established principle that 'the continuation of health insurance payments to current employees after their retirement ... constitute a form of compensation earned by the employee while employed'", the Appellate Division concluded that Supreme Court "correctly determined that plaintiffs have a vested contractual right under section 27.1."

Addressing the City's argument that the Doctrine of Collateral Estoppel did not bar them from litigating the issue of whether they were required to negotiate the imposition of deductibles for retirees with the Union in the instant matter, the Appellate Division said it agreed with Supreme Court that the issue of whether the City violated §27.1 of the CBA by unilaterally imposing deductibles upon retirees was already determined in arbitration, "where the City had a full and fair opportunity to argue its position." Citing Simmons v Trans Express Inc., 37 NY3d 107, the Appellate Division observed that notwithstanding the fact that Plaintiffs, as retirees, were not involved in the two underlying arbitrations, "the identity of parties is not an element of this doctrine".

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

 

Challenging a federal district court's granting the moving party's motion seeking summary judgment

Plaintiff alleged the Defendant unlawfully terminated him and discriminated against him on the basis of his religion. Following the federal District Court's denying Plaintiff's motion to compel discovery and granting the Defendant's motion for summary judgment, Plaintiff appealed both of the District Court's rulings. 

With respect to Plaintiff's motion to compel discovery alleging the federal District Court had abused its discretion, the Circuit Court of Appeals noted that Plaintiff's counsel failed to comply with the District Court’s scheduling orders and discovery deadlines and offered no compelling justifications for her admitted failure to do so.

Accordingly, said the Circuit Court of Appeals, the District Court acted well within its discretion when it denied Plaintiff’s motion to compel discovery and affirmed the District Court’s denial of that motion.

Turning to Plaintiff's appeal with respect to the District Court's granting the Defendant's  motion for summary judgment, the Circuit Court of Appeals explained that it reviewed the grant of summary judgment to Defendant de novo, drawing all inferences in favor of the nonmoving party, citing El Sayed v. Hilton Hotels Corp., 627 F.3d 931. 

Based on its de novo review of BOCES motion, the Circuit Court concluded that the District Court "properly granted summary judgment to Defendants" with respect to all of Plaintiff's claims. The Circuit Court opined that Plaintiff failed to point to “sufficient evidence" that would allow “a jury to return a verdict” for Plaintiff on any of Plaintiff's claims and affirmed the District Court’s granting summary judgment to Defendant. 

Click HERE to access the Circuit Court of Appeals' ruling.

The Doctrine of Legislative Equivalency

The Doctrine of Legislative Equivalency, applied by the Court of Appeals in deciding the Torre case [Torre v County of Nassau, 86 NY2d 421] sets out the principle that a position created by a legislative act can be abolished only by a correlative legislative act. 

 

Judicial review of a petition seeking the vacating of an arbitration award

The Long Beach Professional Fire Fighters Association [Union] and the City of Long Beach [City] entered into a collective bargaining agreement [CBA] covering the period from July 1, 2004, through June 30, 2010, and thereafter continued pursuant to the Triborough Law, Civil Service Law § 209-a[1][e].* Firefighters and any municipal employees assigned to the fire department were covered by the CBA.

City appointed several paramedics, and unilaterally set their terms of employment. Union filed a grievance and, when the grievance was denied, filed a demand for arbitration. City's efforts to stay the arbitration with respect to Union's grievance as related to the paramedics were unsuccessful.**  

Ultimately the arbitrator issued an award determining that City violated certain provisions of the CBA when it set contrary terms and conditions of the paramedics' employment. Union commenced this proceeding pursuant to CPLR Article 75 to confirm the arbitration award while City cross-moved pursuant to CPLR 7502(a)(iii) to dismiss the petition or, in the alternative, to reassign the petition to the Justice who presided over the prior proceeding, and to vacate the arbitration award. 

Supreme Court granted the Union's petition to confirm the award and denied the City's cross-motion. The City appealed.

The Appellate Division, noting that "Judicial review of arbitration awards is extremely limited", said a court may vacate an arbitrator's award that "violates a strong public policy, is irrational or clearly exceeds a specifically enumerated limitation on the arbitrator's power, citing (Matter of New York City Tr. Auth. v Transport Workers' Union of Am., Local 100, AFL-CIO, 6 NY3d 332, and other decisions. Additionally, the Appellate Division opined "an award may be vacated where 'it exhibits a 'manifest disregard of law'" and the burden is on the movant to establish grounds for vacatur by clear and convincing evidence.

Finding that the City failed to demonstrate by clear and convincing evidence that the arbitration award should be vacated on the grounds that [1] it was irrational; [2]  exhibited a manifest disregard of the law; [3] that the arbitrator had engaged in misconduct or [4] that the award violated public policy, held that Supreme Court had properly granted Union's petition to confirm the arbitration award and had properly denied the City's cross-motion to vacate the award.

* See Matter of Professional Staff Congress-City Univ. of N.Y. v New York State Pub. Empl. Relations Bd., 7 NY3d 458).

** See Matter of City of Long Beach v Long Beach Professional Fire Fighters Assn., Local 287, 161 AD3d 855.

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

Public Personnel Law Handbooks - New York State and its political subdivisions

The New York Public Personnel Law handbooks listed below are available for purchase from BookLocker.com, Inc.

The Discipline Book - A concise guide to disciplinary actions involving public officers and employees in New York State set out as an e-book. For more about this electronic handbook, click HERE. 

A Reasonable Disciplinary Penalty Under the Circumstances- The text of this electronic handbook focuses on determining an appropriate disciplinary penalty to be imposed on an employee in the public service in instances where the employee has been found guilty of misconduct or incompetence. For more information click HERE. 

Disability Benefits: payable to firefighters, police officers and other public sector personnel - an e-book focusing on retirement for disability under the NYS Employees' Retirement System, the NYS Teachers' Retirement System, General Municipal Law Sections 207-a/207-c and similar statutes providing benefits to employees injured both "on-the-job" and "off-the-job." For more information about this e-book click HERE. 

The Layoff, Preferred List and Reinstatement Manual -This e-book reviews the relevant laws, rules and regulations, and selected court and administrative decisions. Click HERE for more information.

Executive Budget report issued by New York State Comptroller Thomas P. DiNapoli

Click on text highlighted in color to access full text of the report

 

Despite the state’s economic recovery since the pandemic first hit three years ago, significant headwinds will present challenges to ongoing economic growth and fiscal stability. The state faces prolonged inflation, rising federal interest rates and the end of federal relief aid that was instrumental in balancing the past two budgets, according to a report by State Comptroller Thomas P. DiNapoli on the State Fiscal Year (SFY) 2023-24 Executive Budget.  

The Executive Budget proposes $227 billion in All Funds spending in SFY 2023-24, an increase of $5.4 billion, or 2.5%, from the prior year. The Division of the Budget (DOB) projects outyear gaps of $5.7 billion in SFY 2024-25, $9 billion in SFY 2025-26, and $7.5 billion in SFY 2026-27. The gaps result from reduced estimates of tax collections due to a forecasted economic downturn and increases in recurring spending, principally in school aid and Medicaid.

“With economic risks and the impending loss of federal financial assistance ahead, now is the time for New York to carefully prepare for the short- and long-term,” DiNapoli said. “The budget proposals to increase state reserves and strengthen the state’s rainy-day reserves should be supported. At the same time, there are several concerning proposals that exempt approximately $12.8 billion from competitive bidding and oversight requirements, leaving too much in the dark. The budget also advances debt proposals that reinforce concerns about the affordability of debt levels and the transparency and accountability of current debt practices. I urge lawmakers to reject these proposals.”

DiNapoli’s assessment of the Executive Budget identified several economic, revenue and spending risks and other concerns.

Economic and Revenue Risks

Risks associated with the economic environment include continued inflation, the impact of interest rate hikes and disruptions related to Russia’s invasion of Ukraine. Increased interest rates by the Federal Reserve have resulted in increased borrowing costs for consumers and businesses. With inflation expected to remain elevated and additional rate hikes expected in 2023, consumer and business spending could be further constrained.

With the Executive Budget Financial Plan forecasting a recession, DOB reduced its projections of tax revenues for the upcoming fiscal year by $2.1 billion and a total of $10.3 billion over the life of the Plan. Should a recession be more severe or be longer in duration, revenues could decline more than currently forecasted. The changes in the labor market are also a risk to the state economy. New York’s job recovery from the pandemic has lagged the nation’s, there are fewer workers in the labor force and the labor force participation rate is among the lowest in the nation.

Structural Balance and Use of Federal Funds

State budgets often include provisions that cause recurring spending to grow more quickly than recurring revenue, creating a structural imbalance and budget gaps. Such gaps are often closed with short-term solutions. The Executive Budget includes $14.9 billion in SFY 2023-24 resources that DiNapoli’s office identifies as either temporary (more than one year but not permanent) or non-recurring (one year). About 98% of that funding results from temporary federal assistance related to the pandemic (69%) and tax increases enacted in SFY 2021-22 (28%). 

The American Rescue Plan provided the state with $12.7 billion of funding from the State and Local Fiscal Recovery program that could be used for a broad range of purposes, including replacement of lost tax revenue due to the pandemic. The Financial Plan continues to assume these funds will be used through SFY 2024-25, including $2.25 billion in SFY 2023-24 and $3.64 billion in SFY 2024-25. Little information is available to determine whether the funding has been used equitably, efficiently and with the proper balancing of short-term need with long-term sustainability. Increased transparency on the planned use of the funds is needed.

There are also significant spending risks. In June 2023, the state will begin redetermining eligibility for all enrollees in Medicaid, the Essential Plan and Child Health Plus programs that are projected to reduce coverage by 10.3% to 8.3 million individuals by April 2024. In the Medicaid program, the Financial Plan projects a decline of almost 888,000 individuals in a single year. If enrollment exceeds current projections, significant unbudgeted costs will occur. For example, if only half of the assumed decline is realized, there could be an additional $6.2 billion in total costs, including $2.2 billion in state costs in SFY 2023-24.

Reserve Funds

For years, DiNapoli has warned of the state’s underfunding of its statutory rainy-day reserves. The Executive Budget proposal increases the balance of statutory rainy-day reserves to $6.5 billion at the end of the current fiscal year and includes legislation to further increase the maximum annual deposits to 10% of State Operating Funds (SOF) spending and the maximum fund balance to up to 20% of SOF spending. If enacted, these measures would provide tools to manage economic or other challenges ahead and ensure fiscal stability. DiNapoli urges lawmakers to support these actions.

The Financial Plan also indicates unrestricted fund balances designated for “economic uncertainties” would grow to $13.5 billion at the end of the fiscal year. DiNapoli urges greater priority should be placed on building statutory rainy-day reserves rather than relying on informal, unrestricted reserves.

Debt Practices

The Executive Budget proposes to continue circumventing the state’s debt cap by utilizing a loophole in the Debt Reform Act for structuring the Gateway Plan debt. The Executive Budget would further reduce transparency and accountability by classifying the Gateway loan in a manner that is inconsistent with past practice and fails the most basic standards of transparency by continuing to not count this debt in projections of any debt outstanding. These actions result in a misleading picture of the size of the state’s debt burden.

The Executive Budget again proposes “backdoor borrowing” authorizations for up to $5 billion in short-term cash flow borrowings during SFY 2023-24 that are redundant to the existing ability to issue more cost-effective Tax and Revenue Anticipation Notes (TRANs). Given the state’s current strong cash balances, it is unclear why this more costly form of borrowing is proposed.

Collectively, these and other actions in recent budgets have rendered the state’s current debt limits functionally meaningless. DiNapoli recently issued a report highlighting how caps and other debt restrictions set in statute have not worked to rein in state debt or stop inappropriate borrowing practices, and recommended several reform measures to address these problems.

Transparency

The SFY 2023-24 Executive Budget continues a problematic pattern from past budgets that include eliminating the Comptroller’s contract pre-review oversight and waiving competitive bidding requirements for certain contracts, including the proposal related to selection of certain Managed Long Term Care plans. In addition, the budget includes an appropriation that would unduly and inappropriately impair the Office of the State Comptroller’s duty to conduct independent audits of the New York State Health Insurance Program. 

This report details provisions of the SFY 2023-24 Executive Budget proposal submitted on February 1. The report does not reflect 30-day amendments released on March 3 or the amended Financial Plan released on March 8

Report

New York State Fiscal Year 2022-23 Executive Budget Review

Debt Report

Terminating an employee in the Classified Service prior the employee's completion of his or her maximum period of probation

The Appellate Division denied a petition of an employee [Plaintiff] seeking to annul the appointing authority's [Employer] decision to terminate the employment of the Plaintiff before she completed her probationary period.

The court opined that as probationary employee, Plaintiff "may be discharged for any or no reason at all in the absence of a showing that ... her dismissal was in bad faith, for a constitutionally impermissible purpose or in violation of law", citing Smith v New York City Department of Corrections, 292 AD2d 198.

The Appellate Division noted Plaintiff alleged "no unlawful motive for her termination and failed to satisfy her burden of demonstrating bad faith". Further, said the court, Petitioner's own affidavits attesting to her satisfactory job performance "did not create a substantial issue of bad faith sufficient to warrant a hearing in light of [the Employer's] submission of a termination memo documenting several performance failures, which provided a rational basis for [Employer's] decision".

As the Court of Appeals opined in York v McGuire, 63 NY2d 760, "After completing his or her minimum period of probation and prior to completing his or her maximum period of probation, a probationary employee can be dismissed without a hearing and without a statement of reasons, as long as there is no proof that the dismissal was done for a constitutionally impermissible purpose, or in violation of statutory or decisional law, or the decision was made in bad faith."

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

Advisory Memorandum 2023-02, Special Military Benefits and Post-Discharge Benefits through December 31, 2023

The Department of Civil Service has published the following Attendance and Leave Memorandum:

Advisory Memorandum 2023-02, Memoranda of Understanding

Extension of Special Military Benefits and Post-Discharge Benefits

Effective through December 31, 2023

Th text of Advisory Memorandum 2023-02 is posted on the Internet at:
https://www.cs.ny.gov/attendance_leave/AdvMemo23-02.cfm

A PDF version of the Advisory Memorandum 2023-02 is posted on the Internet at:
https://www.cs.ny.gov/attendance_leave/AM2023-02.pdf

 

To view previous published Attendance and Leave bulletins issued by the Department of Civil Service, visit: https://www.cs.ny.gov/attendance_leave/index.cf

 

Applying the Doctrine of Estoppel to a public entity

The Doctrine of Estoppel is sometime sought to be applied to a government entity in an effort to require or prevent the governmental entity from performing, or failing to perform, an alleged action or commitment that was relied upon by the complaining party.

In Taranto v City of Glen Cove, 212 AD3d 826, the Appellate Division addressed the application of the Doctrine of Estoppel in a challenge to an action taken by the City with respect health insurance benefits then enjoyed by certain of the City's employees.

The Appellate Division opined:

"A municipal resolution is, in general, a unilateral action that is temporary in nature and, thus, it does not create any vested contractual rights", citing Matter of Aeneas McDonald Police Benevolent Assn. v City of Geneva, 92 NY2d 326. The court concluded that a local government is "free to terminate retirement health insurance and other benefits they may have previously elected to provide [by resolution] to employees and other officials.

The court also noted that "[as] a general rule, estoppel may not be invoked against a governmental body with regard to the exercise of its governmental functions or its correction of an administrative error [citations omitted] and "[an] exception to the general rule applies only in the 'rarest of cases' [typically] involving the wrongful or negligent conduct of a governmental subdivision, or its misleading nonfeasance, which induces a party relying thereon to change his or her position to his or her detriment resulting in manifest injustice."

In this instance the Appellate Division concluded that Taranto failed to establish that his complaint fell within the narrow exception warranting estoppel to be applied against the City.

* The court cited:  Matter of Weaver v Town of N. Castle, 153 AD3d 531; Iasillo v Pilla, 120 AD3d 1192; Matter of Kapell v Incorporated Vil. of Greenport, 63 AD3d 940; and Matter of Handy v County of Schoharie, 244 AD2d 842.

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

Eligibility of a school district employee for unemployment insurance benefits for the period between two successive academic years

With respect to eligibility of employees of a school district for unemployment insurance benefits between "two successive academic years, the Appellate Division, citing Labor Law §590(1), said "[a] professional employed by an educational institution is precluded from receiving unemployment insurance benefits for the period between two successive academic years when he or she has received a reasonable assurance of continued employment." Further, said the court, "A reasonable assurance has been interpreted as a representation by the employer that substantially the same economic terms and conditions will continue to apply to the extent that the claimant will receive at least 90% of the earnings received during the first academic period."

A school bus driver [Claimant] had worked for the employer [School District] for over 30 years. Starting March 16, 2020, as a result of the COVID-19 pandemic, Claimant was not required to work but continued to receive her regular salary for the remainder of the 2019-2020 school year, ending on June 19, 2020. On June 3, 2020, Claimant received a letter from the School District informing her that it wished to retain her in the same position during the 2020-2021 school year, which she signed and returned to the School District. 

Despite this letter, prior to the end of the 2019-2020 school year, Claimant filed claims for unemployment insurance benefits. From June 21, 2020 until August 23, 2020, Claimant received unemployment insurance benefits, as well as federal pandemic unemployment compensation and lost wage assistance pursuant to the Coronavirus Aid, Relief and Economic Security Act of 2020 [the CARES Act]. 

The Unemployment Insurance Appeal Board [Board], among other things, sustained the initial determination finding that Claimant was not totally unemployed during the week ending June 21, 2020 and that she was ineligible for Pandemic Unemployment Assistance [PUA] benefits.* Claimant appealed the Board's determination.

The Appellate Division noted that, considering the letter assuring Claimant of the continued applicability of the collective bargaining agreement as well as the testimony concerning Claimant's seniority and the continued need for busing, there was substantial evidence supporting the Board's finding that the School District provided Claimant with a reasonable assurance of continued employment.

Addressing Claimant's eligibility for PUA benefits for the period between academic terms outside of her contract, the Appellate Division opined "substantial evidence supports the Board's finding that Claimant was ineligible for such benefits."

* Citing Matter of Barnett [Broome County Community Coll.—Commissioner of Labor], 182 AD3d 763, the Appellate Division observed that factual issues are for the Unemployment Insurance Appeal Board to determine and, as such, its decision will be upheld if supported by substantial evidence.

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

The claimant for workers' compensation benefits has the burden of showing the claimed occupational disease or injury resulted from a distinctive feature of employment

Claimant [Plaintiff] had been employed by the New York City Transit Authority [NYCTA] for 33 years. She served as a railroad clerk until 1995 and thereafter as  a station agent. Plaintiff filed a claim for workers' compensation benefits for the occupational disease of bilateral carpal tunnel syndrome that Plaintiff attributed to her performing repetitive job duties during her 33-year employment by NYCTA.

NYCTA controverted the claim and ultimately a Workers' Compensation Law Judge [WCLJ] disallowed the claim, finding, among other things, that Plaintiff had not established that her medical condition was causally related to her employment duties. The Workers' Compensation Board [Board] affirmed the WCLJ's decision, finding that Plaintiff had failed to demonstrate a sufficient causal link between her alleged occupational disease and a distinctive feature of her employment. Plaintiff appealed the Board's decision.

The Appellate Division affirmed the Board's ruling, explaining:

1. An occupational disease is "a disease resulting from the nature of [the] employment and contracted therein" (Workers' Compensation Law §2[15]), and "does not derive from a specific condition peculiar to an employee's place of work, nor from an environmental condition specific to the place of work"; and

2. "To establish an occupational disease, the claimant must demonstrate a recognizable link between his or her condition and a distinctive feature of his or her employment . . . , [and] the Board's decision as to whether to classify a certain medical condition as an occupational disease is a factual determination that will not be disturbed if supported by substantial evidence ... notwithstanding other evidence in the record that could support a contrary conclusion".

Here, said the court, a review of the record supports the Board's determination that Plaintiff did not present sufficient credible medical evidence to establish a causal relationship between her bilateral carpal tunnel syndrome and a distinctive feature of her employment.

Citing Matter of Yolinsky v Village of Scarsdale, 202 AD3d at 1265, the Appellate Division opined "... it is within the province of the Board to evaluate the medical evidence before it." Considering "the less-than-compelling medical evidence tendered by Plaintiff," the court found that substantial evidence supported the Board's finding that Plaintiff failed to establish that she had sustained an occupational disease.

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