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Apr 17, 2018

Audits and examination reports issued April 17, 2018 by NYS Comptroller Thomas P. DiNapoli


Audits and examination reports issued April 17, 2018 by NYS Comptroller Thomas P. DiNapoli 

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


Village of Dansville – Water and Sewer Operations (Livingston County)
The board did not adequately segregate the water and sewer billing and collection process. In addition, the board does not properly monitor water loss.

Town of Moreau – Budgeting and Multiyear Planning (Saratoga County)
The budgeted revenues and appropriations of the town-wide general fund were reasonable as compared to the actual revenues and expenditures. However, the board adopted unrealistic estimates of revenues and appropriations in the part-town general, part-town highway, sewer and water funds.

New Hope Fire Department – Board Oversight (Cayuga County)
The board has not established written policies and procedures for cash disbursements or reviewed monthly bank reconciliations. Additionally, the board did not establish written policies and procedures for debit card usage or review the bank statements and supporting documentation to ensure debit card transactions are for appropriate department purposes.

Real Property Tax Exemptions Administration (2017MR-4)
Auditors examined real property tax exemptions in ten towns and found 51 percent of those reviewed lacked one or more pieces of supporting documentation to verify eligibility. Some exemptions lacked proper applications, renewal forms or supporting documentation. Auditors also found some town assessors misclassified or failed to grant properly supported exemptions.

Town of Shandaken – Employee Compensation and Benefits (Ulster County)
Town officials overpaid health insurance buyout incentives to two employees by more than $4,900 and underpaid incentives to two employees by $1,680 during the audit period. Town officials also did not properly withhold employee contributions for health insurance coverage.

Village of Spencer – Board Oversight (Tioga County)
The board does not periodically review bank statements, bank reconciliations or any other supporting records. Additionally, the board does not perform the required annual audit of the Clerk-Treasurer’s records and reports, further diminishing its ability to monitor the village’s financial operations

Village of Suffern – Budget Review (Rockland County)
Significant revenue and expenditure projections in the tentative budget are reasonable. However, the village budgeted $4.2 million in water meter and sewer revenue, but based on collections of water and sewer rents in prior years, auditors estimate the 2018-19 collections will be approximately $3.9 million.

City of Yonkers – Financial Operations (Westchester County)
City officials need to improve their planning and monitoring of capital projects and the use of bond proceeds. Auditors found officials did not ensure accounting records were accurate, supported and complete and they did not consistently apply accounting principles or adequately account for financial transactions that affected the city’s operations. Additionally, city officials did not perform internal audits or conduct assessments of internal controls as required.

Apr 16, 2018

Posting a parody of a Facebook page and Free Speech Rights


Posting a parody of a Facebook page and Free Speech Rights 
Novak v. The City of Parma, et al., 17-CV-2148 (N.D. Ohio)

Hodgson Russ, LLP, a law firm with offices in Albany, New York, Buffalo, New York, Saratoga Springs, New York and New York City, has called attention to a recent federal court decision highlighting the potential for tension resulting from posting a "parody" of a Facebook page on Facebook and the First Amendment rights of the individual doing the posting, particularly when the page involves a governmental entity.

The firm notes that the decision is especially timely, considering the proliferation of "fake Facebook pages has gained significant notoriety since the 2016 Presidential Election and resulting Russia investigation."

The full text of the Hodgson Russ article is posted on the Internet at:

Apr 13, 2018

Judicial immunity


Judicial immunity
Burdick v. Town of Schroeppel, USCA, Second Circuit, 17-1169-cv

In the course of reviewing an appeal from a federal district court’s decision brought by Petitioner Steven D. Burdick, the United States Court of Appeals, Second Circuit the issue of  judicial immunity from lawsuit in which Burdick alleged that his constitutional rights were violated by actions of Schroeppel Town Justice Armen J. Nazarian, Oswego, New York and County Court Judge Donald Todd, the Town of Schroeppel, Oswego County, New York* in the course of their presiding over his 2013 state court criminal trial and subsequent appeal.

The Second Circuit addressed the question of judicial immunity from litigation, explaining:

1. Judges acting in their judicial capacity are absolutely immune from suit, even where the plaintiff asserts constitutional violations under §1983, citing Bliven v. Hunt, 579 F.3d 204.

2.  Absolute judicial immunity applies even if the judge allegedly acted in bad faith or with malice. and such judicial immunity can be overcome only if (1) the act is not taken in the judge’s judicial capacity, or (2) the act, “though judicial in nature, [is] taken in the complete absence of all jurisdiction,” citing Mireles v. Waco, 502 U.S. 9.

The challenged acts in this action included typical judicial acts arising out of Burdick’s 2013 criminal conviction and appeal and acts arising out of, or related to, individual cases before the judge are considered judicial in nature.

As the judicial officials named by Burdick had jurisdiction over the criminal conviction and appeal  the district court properly concluded that they were entitled to absolute judicial immunity.

* Burdick also named a criminal defense attorney and the Oswego County Commissioner of Jurors as defendants in the federal action.


The decision is posted on the Internet at:


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