ARTIFICIAL INTELLIGENCE [AI] IS NOT USED IN COMPOSING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS.

Jun 7, 2015

Oral and physical abuse of students results in termination of the educator



Oral and physical abuse of students results in termination of the educator
2015 NY Slip Op 04414, Appellate Division, First Department

Supreme Court sustained an arbitration award that found a teacher [Petitioner] guilty of conduct described in the opinion as oral and physical abuse of students and the oral abuse of one student's parent and the imposition of the penalty of termination of the Petitioner's services. The decision notes that such abuse “continued for a period of three academic years, even after several letters were placed in [Petitioner's] file memorializing the complaints.” Also noted was the fact that one such memorial warned that further incidents could lead to Petitioner’s termination.

The Appellate Division unanimously affirmed the Supreme Court’s determination, commenting that “The termination of [Petitioner's] employment does not shock our sense of fairness” in view of what the court described as Petitioner’s not taking responsibility for his actions, repeatedly denying most of the incidents despite corroborating evidence, and has shown no remorse.

The court said that that the hearing officer, after considering Petitioner's long, otherwise satisfactory tenure and the principle of progressive discipline, properly found that Petitioner's repeated misconduct and the several occasions on which he was warned about it “to no avail” rendered imposing the penalty of termination to be appropriate.

The decision is posted on the Internet at:


A Reasonable Disciplinary Penalty Under the Circumstances - a 442-page volume focusing 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. Now available in two formats - as a large, paperback print edition, and as an e-book. For more information click on

Jun 6, 2015

Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli


Selected reports and information published by New York State's Comptroller Thomas P. DiNapoli for the Week Ending June 6, 2015 
Click on text highlighted in color to access the report and information

Wallkill Fire District Board Chair charged with stealing $240,00

The chairman of the Wallkill Fire District’s Board of Fire Commissioners was charged Monday morning with stealing nearly $240,000 in a scam that spanned three years, State Comptroller Thomas P. DiNapoli and Ulster County District Attorney Holley Carnright announced. Michael Denardo, 38, of Wallkill, is accused of conning a board member into signing blank checks which he later cashed for personal use. He was arraigned in Shawangunk Town Court.

Posted on the Internet at:

A video about Wallkill and other recent efforts by this office to expose public corruption is posted on the Internet at:


Former City of Rensselaer Public Works Commissioner found guilt of stealing scrap metal proceeds

State Comptroller Thomas P. DiNapoli and Attorney General Eric T. Schneiderman Wednesday announced the sentencing of Thomas Capuano, the former commissioner of the Department of Public Works (DPW) of the city of Rensselaer, for his role in teaming with two DPW employees to divert $46,000 from the city by pocketing the cash from scrap metals acquired as part of their jobs with the city.

Posted on the Internet at:


Municipal Audits posted on the Internet

Hamlin Fire Department,

Islip Terrace Fire District

Town of Minden

Village of Owego

Jun 5, 2015

Taxing Fringe Benefits



Taxing Fringe Benefits
Source: FSLG Newsletter

What: Free Webinar – Taxability of Fringe Benefits Part Three: Other Compensation and Payments to Employees 

When: July 9, 2015; 2 p.m. (Eastern)

How: Register for this event. You will use the same link to attend the event.

Learn about:
  • Uniforms and clothing allowances
  • Other types of compensation
  • Payment of awards and prizes
  • Professional licenses and dues
What else: 

Don’t forget to register for the following webinars if you have not already done so:

Backup Withholding and Form 1099 Miscellaneous
Taxability of Fringe Benefits Part Two: Commonly Provided Fringe Benefits
If you have any questions or comments for the IRS please send us an e-mail

Editor in Chief Harvey Randall served as Director of Personnel, State University of New York Central Administration; Director of Research, Governor's Office of Employee Relations; Principal Attorney, Counsel's Office, New York State Department of Civil Service; and Colonel, JAG, Command Headquarters, 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.

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.
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