Links to selected items focusing on govenmental operations posted on the Internet during the week ending January 17, 2025

A Time to Make Government More Effective, Not Just Efficient As the incoming presidential administration contemplates ways to enact reform, it’s important to consider successful innovations, and move carefully to preserve government services that work. READ MORE

Accelerating Digital Transformation with iPaaS Integration platform-as-a-service (iPaaS) lets agencies integrate systems and automate workflows using drag-and-drop tools. This guide explains how iPaaS accelerates digital transformation to improve government efficiency and service delivery. DOWNLOAD

After a Retirement, Longtime Exec Named to Top N.C. GIS Role Matthew McLamb will step in as geographic information officer for the state. Formerly assistant director of the North Carolina Center for Geographic Information and Analysis, he will now also serve as its executive director. READ MORE

After Tech Leader’s Exit, Las Vegas Elevates from Within Michael Sherwood, Las Vegas’ longtime chief innovation and technology officer, left the position late last year. The city’s deputy information technology director has been elevated to acting IT director. READ MORE

AI and Cloud Strategies for State and Local Agencies This guide explores how AI-powered tools and cloud infrastructure can help government agencies overcome the challenges of tight budgets and aging infrastructure. Case studies from California and Utah demonstrate the transformative impact of these strategies, saving dollars and accelerating service delivery. DOWNLOAD

AI in State and Local Government: Everything You Need to Know Artificial intelligence (AI) often dominates technology discussions. But with so many implementation and policy considerations around the technology, many government leaders can feel overwhelmed at the idea of getting started with AI. This go-to guide shares everything you need to know to quickly begin implementing AI and developing the appropriate policy for the technology. DOWNLOAD

Alaska Retirement Division Hack Impacts Contributions State residents who work in the public sector, including in local government and education, have had employer contributions to their retirement accounts impacted by suspicious activity on servers. READ MORE

Better Customer Service Part of Colorado’s 2025 Tech Plan The state’s governor is going into the new year with an updated commitment to improving government technology and digital services. The push relies heavily on making contact centers more efficient. READ MORE

Biden Cybersecurity Executive Order Nears Publication During its final days in office, the outgoing administration is hurrying to complete an executive order by President Joe Biden intended to bolster U.S. cybersecurity. The order incorporates takeaways from recent hacks. READ MORE

Biden Executive Order on AI Activates Feds on Data Centers The executive order calls on the federal departments of Defense and Energy to each identify at least three locations for private-sector data centers. It seeks to balance construction, consumer cost and environmental impact. READ MORE

Biden Executive Order to Tighten Federal Cybersecurity The order is designed to make it more difficult and expensive for bad actors to target American institutions and organizations online. It is intended to make sanctions against them more effective. READ MORE 

Biden White House Legacy: Broadband as Public Infrastructure The outgoing administration may have notched a win with its elevation of broadband as a societal necessity, but observers were critical of other aspects of its plan to expand the technology nationwide. READ MORE

Boston Mayor Has Created Hundreds of New Positions Mayor Michelle Wu has hired more than 300 new City Hall staffers, helping fuel budget growth of 8 percent over the past year. Many of the new positions are in middle and upper management. READ MORE

Calif. Governor’s Budget Creates Two Agencies, Tech Spend Gov. Gavin Newsom’s proposal for a balanced state budget would spend $168 million to “standardize and streamline data collection” across state community colleges. It would also create two new entities. READ MORE

Calif. Open Source Portal Aims to De-Silo Digital Resources The site, updated with a user-centric design inspired by the state’s Design System, is available to agencies, developers and the public alike. It is intended to serve as a place to share knowledge and solutions. READ MORE

California Backs Out of Clean Truck Regulations Ahead of Trump Administration The state withdrew its pioneering clean air regulations for diesel trucks and trains, acknowledging they wouldn’t win federal approval. The state intended to end sales of trucks powered by fossil fuels by 2036. READ MORE

California Lawmakers Consider Expediting Insurance Claims After L.A. Fires The state’s troubled home insurance market is certain to command legislative attention this year. The fires in Los Angeles may end up being one of the nation’s most expensive disasters. READ MORE

CivicPlus Sticks Its Hands into a Beehive With Latest Deal The company, which sells software to local governments, has bought asset management and utility billing company Beehive Industries. The move promises to boost capabilities on the CivicPlus platform. READ MORE

Colorado Expands Access to State Tax Services With TAX2GO The state has been working diligently in recent years to make its services more accessible to constituents. The latest development is TAX2GO, which makes taxpaying services mobile; others are in the works. READ MORE

Congress Can Be Slow to Approve Disaster Funds California will ultimately get lots of help from Washington but some GOP lawmakers want to tie wildfire assistance to policy strings. Hawaii had to wait more than a year for aid to be approved after the Maui fires. READ MORE

Connected Vehicle Tech Helps Tampa Tackle Traffic Congestion The Florida city is expanding its connected vehicle program on the Selmon Expressway to push more messaging to drivers, change behavior, and possibly reward better driving with cheaper toll rates. READ MORE

Crime Is Falling. Why Don’t Americans Believe It? Between brazen minor offenses like organized shoplifting and a few heavily publicized acts of random violence, it’s little wonder that people are on edge. READ MORE

Delaware CIO Gregory Lane to Continue in New Administration The chief information officer for the Diamond State has been in place since 2023 and was previously its chief technology officer. Lane has been with Delaware for eight years, following a 35-year private-sector career. READ MORE

DHS Releases Playbook for Public-Sector AI Deployment A new resource from the U.S. Department of Homeland Security offers actionable steps government officials can take to responsibly and effectively deploy artificial intelligence technologies. READ MORE

Digital Done Right: A Real-World Modernization Success Story Discover how one state agency tackled record backlogs, streamlined access to documents, and fortified security by digitizing decades of data. DOWNLOAD

Empowering Local Governments to Accelerate Economic Mobility A national partnership aims to help local governments deliver better results for their residents. Learn More

Florida Sheriffs Prepare for Their Role in Mass Deportation Effort Gov. Ron DeSantis says sheriffs will have to help the Trump administration carry out its immigration policies or he’ll remove them from office. READ MORE

GenAI in Courts: How Artificial Intelligence Improves Efficiency and Accuracy in Court Systems  State and local court systems are strained. Even routine legal processes can overburden staff and delay crucial judicial processes. The right AI assistant can transform the way courts are run, letting legal staff focus on helping more people get justice quickly and reliably.

GenAI Transforms How Agencies Use Data Generative AI enables users to find, summarize and visualize information without requiring specialized data skills. But agencies need an enterprise strategy to realize GenAI's full potential. This paper offers advice on building an effective strategy and using GenAI to address business, operational and IT needs. DOWNLOAD

GIS Is the Data Backbone for Agencies Battling L.A. Fires Geospatial data serves as the foundational building block for crucial mapping and communications tools used by state and local government agencies in responding to fast-moving disasters like wildfires. READ MORE

Health-Care AI Requires a Lot of Expensive Humans Artificial intelligence systems require consistent monitoring and staffing to put in place and to keep them working well. The need for people and more machines to make sure new tools don’t mess up is leading to increased costs for hospitals. READ MORE

Helping Local Governments Deliver Better Results for Their Residents A national partnership has the power to reach tens of thousands of government leaders. Learn More

How Alabama Made Tax Services More Accessible The Alabama Department of Revenue faced significant operational challenges with its legacy systems, which were not meeting evolving needs for scalability, security and efficiency. Learn how the agency decided to move to the cloud to address these challenges, and more. DOWNLOAD

How Districts Can Face Fallout from PowerSchool SIS Breach School districts across the nation are reacting to word from K-12 software giant PowerSchool that its student information system has been compromised, exposing data from teachers and students. READ MORE

How Las Vegas Became a Major League City  Before the Goodmans (Oscar and Carolyn) served as mayor, the biggest game in town was college basketball. Thanks to the personal relationships they built, the city now has the NFL and hockey, with baseball soon to follow. READ MORE 

How Minnesota Created a Text Message System for Family Benefits The Minnesota Department of Human Services (DHS) revolutionized its outreach efforts by launching an innovative SMS text messaging system to connect with constituents during the COVID-19 pandemic. This system enabled real-time communication about critical benefits, ensuring that families received timely and vital support. Download this paper to explore how Minnesota DHS overcame challenges, achieved measurable success, and laid the groundwork for scalable innovation. DOWNLOAD

How to Enhance the Fire Service using the Latest Technology Discover how innovative technology can address the growing firefighter shortage by enhancing safety, streamlining training, and improving resource deployment. DOWNLOAD

Illinois Supreme Court AI Policy Offers Caution With a Side of Clarity The use of generative artificial intelligence (AI) by litigants hasn’t exactly been embraced by courts nationwide even when the root cause of those mistakes was attorney competency issues reports Sui Generis, a New York Law Blog. Read the whole entry.

Illinois Works to Put Digital IDs in Apple Wallets This Year After legislation took effect Jan. 1, the Secretary of State’s Office will work with the technology company to let users add their driver’s license or state ID to the Wallet. A sign-up page for interested Illinoisans has been set up. READ MORE

Indiana Taps Chief Operating Officer for Interim CIO Role Indiana has turned to a familiar face to lead the state Office of Technology in an interim capacity following the departure of former CIO Tracy Barnes and the inauguration of a new governor. READ MORE

L.A. Courts Tried to Stay Open During Fires. It Didn’t Go Well. Lots of prosecutors, judicial staff and jurors lost their homes. Many others left court because they felt ill from dangerous air. READ MORE

Legislative Staff in Washington State Approve Contract in First Collective Bargaining A 2022 law gave staff the ability to unionize. Their new contract will provide a raise of 3 percent in July and additional workplace protections. READ MORE

Maryland Submits AI Strategy, Guide to General Assembly The state’s new AI Enablement Strategy and AI Study Roadmap is intended to advance artificial intelligence through a five-part strategy that includes directing further studies on the technology, in critical domains. READ MORE

Minimum Wages Are Rising in Nearly Half the States This Year Voters in several states, including deeply red ones, chose to make significant boosts. While the federal minimum remains stuck at $7.25, 10 states now have a wage of $15 or higher and more are headed in that direction. READ MORE 

Most Popular Cyber Blogs from 2024 What were the top government technology and cybersecurity blog posts in 2024? The metrics tell us what cybersecurity and technology infrastructure topics were most popular. READ MORE

N.Y. State Bill Could Revive Dead California AI Bill A New York state assembly bill could bring some of the ideas in a failed AI safety bill from the Golden State. The Responsible AI Safety and Education Act would, chiefly, require deployment safety plans from AI companies. READ MORE

New Pennsylvania State Website Offers a Singular Experience Completed in less than a year, the new state website combines 64 separate state sites into a unified digital destination with a smoothed search function. The Pennsylvania Office of Digital Experience led the effort. READ MORE

New York to Unveil First-Ever Customer Experience Report The state of New York’s inaugural Chief Customer Experience Officer Tonya Webster was appointed to shape the method, style and efficiency of government interactions. This week, the state is reporting on its progress. READ MORE

One Way Trump Could Help Revive Rural America Grant programs too often send money to areas that already have resources. Federal agencies should work with state and local leaders to identify the place-specific needs of regional economies and develop custom projects. READ MORE

Reimaging Downtowns for the Post-Pandemic World Every few decades, we have an opportunity to change what our cities can be. This is one of those moments. READ MORE

Scammers Target Corvallis, Ore., City Councilor in Hack The elected representative’s official email account was breached by a bad actor and used to reach other email addresses, in an attempt to steal their personal information. The issue was resolved fairly swiftly. READ MORE

School Software Company Target of Latest Mass Data Breach PowerSchool, which has 16,000 customers, is used by more than 50 million students. Hackers gained access to information about them and their parents, receiving ransom to prevent leaks of the stolen data. READ MORE

Tech to the Rescue: Smart Solutions for Disaster Response Uncover how cutting-edge technology supports disaster management at every stage—from early detection to post-disaster recovery. DOWNLOAD  

Tennessee CIO Reflects on Tech Progress, Future Vision CIO Stephanie Dedmon discussed the state’s technology work, including new AI policies and use cases, cloud migration and cybersecurity projects, and what’s on the horizon. She is set to retire in July. READ MORE

The Heavy Toll AI and the Internet Take on Electricity Even the most basic computing tasks require electrical power. The level of computing that drives today’s economy is far from basic.  READ MORE

Through AI, Cloud Services, Miss. Looks to Update Its Tech The state recently launched an AI Innovation Hub and is in the process of creating a Cloud Center of Excellence. Other tech priorities include procurement modernization and citizen-focused digital services. READ MORE

Top Finance Issues to Watch in 2025 States face a tricky year, with their own revenues stalling and federal aid running low. READ MORE

Top Tech and Environmental Issues to Watch This Year Lawmakers continue to try to get ahead of the curve on AI and many are eager to curb social media use among the young. Climate remains the top environmental concern but "forever chemicals" are more likely to see bipartisan action. READ MORE

Two Months After Recall, Former Oakland Mayor Indicted A federal grand jury has indicted Sheng Thao as part of a sprawling case involving other top Bay Area officials and contractors. READ MORE

Under Trump, Medicaid Faces a 'Reset Moment' The nation's largest health insurance program is likely to be cut in Congress this year to pay for other priorities. That could have profound ramifications for state budgets and the health-care system. READ MORE

What Wordly’s AI Translation Growth Signals for 2025 The provider of live AI translation for public agencies is adding users and services, with its tools assisting wildfire communications in California. The company’s recent experiences help illustrate how AI might develop. READ MORE

Why a Pennsylvania Prison Looked to Scandinavia for Inspiration  U.S. prisons are dangerous for corrections staff and incarcerated people alike, and recidivism rates are high. Can a Scandinavian-inspired culture shift help? READ MORE

Will Budget Problems Drive Down Wes Moore’s Popularity? Maryland’s Democratic governor has quickly gained a national profile and enjoys strong support at home. But a $3 billion budget shortfall is going to force him to make some unpopular choices. READ MORE

With Executive Order, Mississippi Sets Path to AI Innovation Gov. Tate Reeves’ executive order mandates a statewide inventory of AI technologies, guidelines to responsibly integrate AI into public services and bridging communication across state agencies. READ MORE

With L.A. in Flames, Mayor Bass’ Political Future Hangs in the Balance
Karen Bass has come in for criticism over her handling of the fire department’s budget and other issues. Her chances for reelection may depend on the city’s long rebuilding process. READ MORE

Your Comparative Guide to Advanced Cloud Firewalls Discover which advanced cloud firewalls lead the pack in security efficacy, operational efficiency, and resilience. This in-depth report, backed by real-world testing across 12 solutions, offers a detailed comparison of how top firewalls perform against today's evolving threats. DOWNLOAD

Your State Needs an Office of Entrepreneurship  It’s just too hard to start a new business. These offices can do a lot to eliminate governmental red tape and remove other barriers to our engines of job creation and economic growth. READ MORE

 

Teacher's pending appeal challenging her termination during her probationary period held rendered moot by the teacher's subsequent termination by the employer for reasons unrelated to her probationary period service

Matter of Albany-Schoharie-Schenectady-Saratoga Bd. of Coop. Educ. Servs. v Rosa

2025 NY Slip Op 00007

Decided on January 2, 2025

Appellate Division, Third Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered:January 2, 2025

CV-23-1657

]In the Matter of Albany-Schoharie-Schenectady-Saratoga Board of Cooperative Educational Services, Appellant,

v

Betty A. Rosa, as Commissioner of Education, et al., Respondents.

Calendar Date:November 12, 2024
Before:Garry, P.J., Lynch, Reynolds Fitzgerald, Fisher and Powers, JJ.
 

Bond, Schoeneck & King, PLLC, Syracuse (Kate I. Reid of counsel), for appellant.

Letitia James, Attorney General, Buffalo (Sarah L. Rosenbluth of counsel), for Betty A. Rosa and another, respondents.

Adrianne Rickson, Ballston Spa, respondent pro se.

Jay Worona, New York State School Boards Association, Inc., Latham, for New York State School Boards Association, Inc., amicus curiae.

Robert T. Reilly, New York State United Teachers, Latham (Jacquelyn Hadam of counsel), for New York State United Teachers, amicus curiae.

Reynolds Fitzgerald, J.

Appeal from a judgment of the Supreme Court (Justin O. Corcoran, J.), entered July 28, 2023 in Albany County, which, among other things, dismissed petitioner's application, in a proceeding pursuant to CPLR article 78, to annul a determination of respondent Commissioner of Education directing petitioner to reinstate respondent Adrianne Rickson to her position of vocational teacher, and (2) motion to dismiss the appeal.

In January 2019, petitioner hired respondent Adrianne Rickson (hereinafter the teacher), on a probationary basis, as a criminal justice instructor. In November 2021, the teacher used her work email account to forward a message to other colleagues notifying them of an after-school rally concerning COVID-19 policies. Consequently, the teacher received a memorandum counseling her for the improper use of petitioner's email system. In January 2022, the teacher offered her students an optional extra-credit assignment for viewing a podcast interview of a physician critical of COVID vaccinations and answering written questions related to the podcast. In February 2022, petitioner's superintendent notified the teacher that she intended to recommend to the Board of Education to discontinue her probationary employment. The Board of Education terminated the teacher's probationary appointment effective April 21, 2022. The teacher appealed to respondent Commissioner of Education, who determined that the superintendent's statement of reasons for discontinuance under Education Law § 3031 was too vague and remanded to petitioner to clarify and resubmit the statement of reasons for dismissal.

Thereafter, the superintendent articulated the grounds to discontinue the teacher's employment and she was terminated a second time in August 2022. Again, the teacher appealed. This time, the Commissioner reviewed the merits and determined that petitioner's probationary appointment was discontinued in bad faith and violated the teacher's right to academic freedom. As such, the Commissioner ordered that the teacher be reinstated with back pay and benefits. Petitioner thereafter commenced this CPLR article 78 proceeding against respondent New York State Education Department and the Commissioner challenging the determination as arbitrary, capricious and an error of law. Supreme Court denied petitioner's request to annul the Commissioner's determination and dismissed the petition. Petitioner appeals.

In the interim, the teacher was once again terminated from her position, for reasons unrelated to those at issue here. Respondents then moved to dismiss this appeal as moot, pointing to the fact that this latest termination was upheld by the Commissioner and the time to initiate a CPLR article 78 proceeding with respect to this has expired. Petitioner opposes this motion contending that the appeal is not moot and that, even if it is found to be so, the exception to the mootness doctrine applies.

Initially, we agree with respondents that the appeal of Supreme Court's July 2023 order was rendered moot by the teacher's subsequent unrelated termination. "[I]t is well settled that a court's jurisdiction extends only to live controversies and, thus, an appeal will be considered moot unless the rights of the parties will be directly affected by the determination of the appeal and the interest of the parties is an immediate consequence of the order" (Matter of Association of Motor Veh. Trial Attorneys, Inc. v New York State Dept. of Motor Vehs., 223 AD3d 948, 949-950 [3d Dept 2024] [internal quotation marks and citations omitted]; see Matter of Clean Air Coalition of W. N.Y., Inc. v New York State Pub. Serv. Commn., 226 AD3d 108, 113 [3d Dept 2024]). Moreover, "[c]ourts are generally prohibited from issuing advisory opinions or ruling on hypothetical inquiries" (Coleman v Daines, 19 NY3d 1087, 1090 [2012]). The petition reveals that petitioner solely sought to annul the Commissioner's determination to reinstate the teacher. Given that the teacher has been terminated, without further recourse, an adjudication of the particular issues raised in the petition would have no practical effect upon the rights of the parties. "Where, as here, the passage of time or a change in circumstances prevents a court from rendering a decision that would effectively determine an actual controversy, the claim must be dismissed" (Matter of Ballard v New York Safety Track LLC, 126 AD3d 1073, 1075 [3d Dept 2015] [internal quotation marks and citations omitted]; see Owner Operator Ind. Drivers Assn., Inc. v Karas, 188 AD3d 1313, 1316 [3d Dept 2020]). Nor are we persuaded by petitioner's argument that this matter is not moot due to its alleged right to restitution of any financial benefits received by the teacher while this appeal was pending. Petitioner's argument is unpreserved as it did not seek restitution in the CPLR article 78 proceeding, and in fact only raised the issue in response to respondents' motion to dismiss the appeal for reasons of mootness. As a result, this Court cannot entertain this argument as "[j]udicial review of administrative determinations pursuant to CPLR article 78 is limited to questions of law. Unpreserved issues are not issues of law" (Matter of Khan v New York State Dept. of Health, 96 NY2d 879, 880 [2001] [internal citations omitted]; accord Matter of Kosmider v Whitney, 34 NY3d 48, 53 n 2 [2019]; see Matter of Hamilton v Goord, 32 AD3d 642, 643 [3d Dept 2006], lv denied 7 NY3d 715 [2006]).

Moreover, we are unpersuaded that an exception to the mootness doctrine applies. In order to find an exception to the doctrine, a court must determine that three elements have been established; the issue is likely to recur, it is novel and substantial, and that it typically evades review (see Coleman v Daines, 19 NY3d at 1090; Saratoga County Chamber of Commerce v Pataki, 100 NY2d 801, 811 [2003], cert denied 540 US 1017 [2003]). It is well established that all three elements must be manifest. Here, although this issue may recur and is arguably substantial and novel, we are unpersuaded that it is likely to evade review.[FN1] As petitioner has failed to establish that all these elements are present, the exception to the mootness doctrine is inapplicable (see Matter of Association of Motor Veh. Trial Attorneys, Inc. v New York State Dept. of Motor Vehs., 223 AD3d at 950; Matter of Marxuach v New York State Dept. of Corr. & Community Supervision,211 AD3d 1442, 1444 [3d Dept 2022]; Matter of Smith v Annucci, 205 AD3d 1180, 1181 [3d Dept 2022]). As the issues raised by the petition are moot and the circumstances do not warrant application of the exception to the mootness doctrine, we dismiss petitioner's appeal (see Garnet Health Med. Ctr.-Catskills v Center for Discovery, Inc., 218 AD3d 939, 941 [3d Dept 2023]; Matter of Lamb v New York State Dept. of Motor Vehs., 187 AD3d 1269, 1270 [3d Dept 2020]).

Garry, P.J., Lynch, Fisher and Powers, JJ., concur.

ORDERED that the motion is granted and the appeal is dismissed, as moot, without costs.

                                                                        Footnotes

Footnote 1: In fact, this matter may not have evaded review here had petitioner requested restitution in its petition, or had the teacher not been terminated for unrelated reasons pending the appeal.

On January 15, 2025, New York State Comptroller Thomas P. DiNapoli announced the school district tax levy will remain capped at 2%

Property tax levy growth for New York’s school districts and 10 cities will remain capped at 2% for the fourth year in a row, according to data released on January 15, 2025, by State Comptroller Thomas P. DiNapoli. 

The tax cap, which first applied to local governments (excluding New York City) and school districts in 2012, limits annual tax levy increases to the lesser of the rate of inflation or 2% with certain exceptions. The law also includes provisions that allow school districts and municipalities to override the cap. DiNapoli’s office calculated the inflation factor at 2.95% for those with a June 30, 2026 fiscal year end. 

“For the fourth year in a row, the property tax levy for school districts and 10 cities will be capped at 2%,” DiNapoli said. “School district and municipal officials will have to deliver services efficiently as they face the difficult task of managing costs that continue to rise.”

The 2% allowable levy growth affects the tax cap calculations for 675 school districts and 10 cities with fiscal years starting July 1, 2025, including the “Big Four” cities of Buffalo, Rochester, Syracuse and Yonkers, as well as Amsterdam, Auburn, Corning, Long Beach, Watertown, and White Plains.

Click on the text in blue below for the additional information described:

List of allowable tax levy growth factors for all local governments

Real Property Tax Cap and Tax Cap Compliance web page

###

 

Termination as the result of having engaged in certain recreational activities outside of employment after working hours challenged by discharged employee

Plaintiff's preliminary appeal statement filed with New York State's Court of Appeals seeking "leave to appeal" judicial decisions handed down in Sander v Westchester Reform Temple [Defendants] (228 AD3d 688) asks whether the content of a blog posted outside of work is within the ambit of a protected recreational activity within the meaning of §201-d(2)(c)* of New York State's Labor Law .

Supreme Court had granted the Defendants' motion to dismiss the Petitioner's complaint and the Appellate Division affirmed the lower court's decision. 

In the words of the Appellate Division: 

Even assuming, without deciding, that blogging is a protected recreational activity under Labor Law §201-d, the complaint alleges that the plaintiff was discharged, not for the activity of blogging, but for the content of the blog post. Thus, we agree with the Supreme Court that the plaintiff was not discharged due to a protected recreational activity within the scope of Labor Law §201-d(2)(c) (see id.; Bilquin v Roman Catholic Church, Diocese of Rockville Ctr., 286 AD2d 409). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPLR 3211(a) to dismiss the complaint.

Plaintiff then sought leave to appeal the Appellate Division's determination, which leave to appeal was granted by the Court of Appeals.

* §201-d(2)(c) of New York State's Labor Law provides as follows: 

"§201-d. Discrimination against the engagement in certain activities. 

     "(2) Unless otherwise provided by law, it shall be unlawful for any employer or employment agency to refuse to hire, employ or license, or to discharge from employment or otherwise discriminate against an individual in compensation, promotion or terms, conditions or privileges of employment because of: 

          "(c) an individual's legal recreational activities, including cannabis in accordance with state law, outside work hours, off of the employer's premises and without use of the employer's equipment or other property;"

Police officer's appeal challenging his termination from his position after being found guilty of a number of acts of misconduct dismissed

A New York City police officer [Petitioner] was found guilty of seven disciplinary charges that had been filed against him, including charges alleging that he had engaged in a physical altercation with his former girlfriend; violated an order of protection; knowingly associated with an individual believed to be engaged in criminal activities in contravention of a direct order; made a misleading statement during an official New York Police Department [NYPD] interview; and conducted personal inquiries on an NYPD computer". The penalty imposed on Petitioner by the New York City Police Commissioner: dismissal from his position.

The Appellate Division unanimously confirmed the Commissioner's decision to  dismiss Petitioner from his position, noting "Substantial evidence supports the finding that [Petitioner] is guilty of seven disciplinary charges [filed] against him".

In the words of the Appellate Division, "The Hearing Officer was entitled to find that [Petitioner's] alibi evidence lacked credibility" and the "dismissal of criminal charges against [Petitioner] related to the altercation and the violation of the order of protection" does not undermine NYPD's determination, as "NYPD can impose discipline for a broad range of conduct . . . even if that conduct is not criminal".

Noting that it had no discretionary authority to review Petitioner's unpreserved challenges to the admission of sealed arrest records at the disciplinary hearing, NYPD's reliance on Civil Service Law §75, or the reliability of the hearing transcript", the court, citing Khan v New York State Dept. of Health, 96 NY2d 879,  and other decisions, said it had considered and rejected Petitioner's remaining "due process challenges to the evidentiary hearing, at which he was represented by counsel".

As to the penalty imposed on Petitioner by the Commissioner, dismissal from his position with NYPD, the court opined that "The penalty of termination is not disproportionate to the severity of [Petitioner's] conduct, particularly in light of his disciplinary history".

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

 A Reasonable Disciplinary Penalty Under the Circumstances - an e-book focusing on determining an appropriate disciplinary penalty to be imposed on an employee in the public service of the State of New York and its political subdivisions in instances where the employee has been found guilty of misconduct or incompetence. For more information and access to a free excerpt of the material presented in this e-book, click here: http://booklocker.com/books/7401.html

Owner of transportation company for the State of New York's Medicade program pleas guilty to stealing over $700,000 from the program

In a press release dated December 9, 2025, New York State Comptroller Thomas P. DiNapoli, Schenectady County District Attorney Robert M. Carney, and Schenectady County Sheriff Dominic Dagostino announced the guilty plea of Muhammad Adnan Saeed, owner of Sublime Medical Transportation, for stealing over $700,000 from New York State’s Medicaid program. 

Saeed inflated Medicaid bills by falsely claiming that group rides were separate, individual rides in order to unlawfully receive mileage payments for each individual in the group.

"Muhammad Adnan Saeed defrauded the Medicaid program through a systematic billing scheme in order to bolster his own profits at the expense of New Yorkers,” DiNapoli said. “The Medicaid program provides access to essential health care for millions of people, and my office will continue to partner with law enforcement to root out fraud. My thanks to District Attorney Carney and Schenectady County Sheriff Dagostino for their partnership in protecting the Medicaid program.”

Carney said: “This defendant lined his pockets at the expense of a critical government program designed to ensure our vulnerable, low-income population receives the medical care it needs. Worse, the defendant’s fraud was committed on the backs of people struggling with addiction. Rather than helping them get the treatment they need, the defendant used them to cheat Medicaid and paid them cash kickbacks, furthering their addiction. The defendant inflated his profits by transporting patients from Schenectady to Amsterdam rather than down the street to a Schenectady clinic, and from Oneonta to Utica. All the while the defendant was collecting unemployment benefits to which he was not entitled. Mr. Saeed then sent hundreds of thousands of dollars to his family overseas to hide his fraudulent earnings. I thank State Comptroller DiNapoli and his staff for their work uncovering the multiple layers of fraud perpetrated by this defendant.”

Dagostino said: "Individuals who steal from taxpayers by defrauding the Medicaid system should be fully prosecuted and made to pay for their crimes. I thank State Comptroller DiNapoli and Schenectady County District Attorney Carney, as well as my investigators, for their efforts to bring Muhammad Adnan Saeed to justice."

Saeed, 40, is the president of Sublime Medical Transportation, a Schenectady County company that is enrolled in the Medicaid program as a participating transportation provider for program beneficiaries.

Under Medicaid regulations, patients may use transportation services for legitimate appointments which are then billed to the Medicaid program by the provider. Group rides are not allowed without prior authorization and, when approved, providers can only bill for mileage once for the group.

The joint investigation revealed that Saeed fraudulently billed the Medicaid program for over four years, claiming payment for individual rides which were actually unauthorized group rides. The investigation found that over 2,500 transportation trips were fraudulent, accounting for nearly 85% of the Medicaid claims submitted by Sublime.

This scheme inflated the amount the state paid Sublime. The investigation also found Saeed paid kickbacks to Medicaid enrollees to use Sublime’s services and facilitate the crime. Saeed, who earned $88,500 as a driver for his company, also applied for and unlawfully collected state unemployment insurance benefits in excess of $60,000, while at the same time running Sublime.

Saeed pleaded guilty today in Schenectady County Court before Judge Mark J. Caruso to two counts of grand larceny in the second degree, in connection with his Medicaid fraud and unemployment scheme. 

As part of the plea agreement, Saeed will serve a state prison sentence and pay full restitution. He is due back in court on May 23 for sentencing. 

The case was prosecuted by Assistant District Attorney William Lemon and the defendant was represented by Justin Dearmas.

###

Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Reports of alleged fraud involving taxpayer money may be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236 or by emailing a complaint to investigations@osc.ny.gov.